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(영문) 광주지방법원 2017.10.19 2015가합60728
양수금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. (1) Around May 26, 2014, the Defendant and a company large social gathering (hereinafter “large-scale social gathering”) entered into a contract with the Defendant to supply a heat exchanger equivalent to USD 2,418,000 in total to the Defendant (hereinafter “instant heat exchange contract”).

As indicated in Table 1, it is a heat exchanger to be used in a complex thermal power plant to be constructed by the Defendant in Algerama (NAMA) on the content of the change of the contract price in the instant heat exchange contract.

AMOS heat exchangeer is a heat exchangeer to be used in a composite thermal power plant that is built by the Defendant in Mosagle.

The first modified contract amount ($1,395,000, May 26, 2014, the first modified contract amount ($1,395,000, May 26, 2014; 1,023,000, May 26, 2014; -15,000, July 21, 2014; -15,000, April 21, 2016; - 168,3002, January 14, 2016; -23,000, June 6, 2017; 1,000; 7,007,74,74,296; 209,7,74,296,7,296,000,000,000,000.) was amended several times as the instant contract amount was changed.

(3) On July 3, 2016, NAMA heat exchange machines on March 1, 2017, and AMOS heat exchange machines on March 1, 2017. On September 18, 2014, NAMA heat exchange machines on September 124, 200, 93,700 217,700 large 187,40,400 large 187,40,400 large 187,40 large 187,40,40 large 185,40, 200 large 186,40, 208, 200 large 18,50, 26,500 large 26,50,5326,50 large 26,50, 278, 2016, 37, 206, 37, 206, 27, 2016.

B. (1) On October 28, 2014, the Plaintiff and large-scale social gathering shall have an amount equivalent to 258,274,500 won (including value-added tax) at large-scale social gathering.

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