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(영문) 서울고등법원 2016.01.26 2014나2002097
양수금
Text

1.The judgment of the first instance shall be modified as follows:

The defendant shall pay to the plaintiff KRW 136,789,826 and KRW 61,789,826.

Reasons

1. Basic facts

A. A Co., Ltd. and the Defendant entered into the instant Chinese contract 1) A (hereinafter “Nonindicted Company”)

A) Between the Defendant and the Defendant around January 17, 2011, the Defendant is only called “China BOE Dozy Co., Ltd. (Beiring BOE Doissphoy Co., Ltd., Ltd.; hereinafter referred to as “China BOE Co., Ltd.”).

(B) 3.8 billion won (excluding value-added tax; hereinafter the same shall apply) for the construction work of 2 Ra, D 2 Ra, total of 3.8 billion won (3.8 billion won) among the contracts for production and supply contracted by them.

(2) The contract to be accepted is called the contract of China (hereinafter “instant contract”).

(2) On the end of the following month after the completion of the shipment of the facility, the intermediate payment of KRW 760 million is KRW 380,000,000,000,000 for the contract price of KRW 3.8 billion under the contract of this case is a system or a functional unit test conducted by the orderer and manufacturer after the completion of the installation of the equipment to verify whether the requirements under the equipment AT-UP are properly met, and the remainder of KRW 380,00,000,000 for the contract price of this case are 3.8 billion.

After receipt, each payment was made at the end of the following month, and the main contents related to the instant case among the content of the instant Chinese contract are as follows.

The contract of this case (A) the defendant, (B) the non-party company's terms of contract

1. Name of subcontract: The name of each E design/production and unit price per unit quantity of each package subcontract for installation of E design/production and installation;

(a) F Design/production/installation supply-type 49.5 billion won 3.8 billion won;

(b) common (EST-UP) ① - parts of equipment - (A) - Domestic/foreign designated factories SET-UP/FINAL TEST/Dismantling and packaging/transport - (a) 45 days after the installation/ trial operation of designated domestic/ foreign-designated factories; (b) At least A/S - 3.8 billion won per year, based on the customer company standard contract under paragraphs (a) and (a) - 1 year, based on the customer company equipment contract under paragraphs (a) and (a).

3. Commencement of a period of assembly and trial operation (construction work):

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