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(영문) 인천지방법원 2014.09.26 2013가단71912
용역대금
Text

1. As to the Plaintiff KRW 20,768,00 and KRW 20,482,00 among them, the Defendant shall pay to the Plaintiff KRW 286,00 from September 13, 2013, and KRW 286,00.

Reasons

1. Basic facts

A. On June 2013, the Defendant, a company engaged in the manufacturing of factory automation equipment and parts processing business of the instant program production, etc., was awarded a subcontract for construction of mobile phone number automation equipment to be installed in the Vietnam Samsung Factory. On June 2013, the Defendant requested the Plaintiff, a company engaged in the manufacturing business, etc. of the instant program production, etc. to estimate the production of the mobile phone numberer and elevator (Tray Feeder & Elevar), electric design and program-based logic control equipment (PLC, programroer, etc.) (hereinafter “instant program”) and to estimate the installation work.

B. (1) On July 2, 2013, the Plaintiff submitted a written estimate of KRW 58,410,000 for the instant program production and installation work (i) the Defendant’s estimate of KRW 6,600,000 for total account books (i.e., KRW 34,000 for total account books development of KRW 6,600,000 for total account books and KRW 34,500,000 for total account books, and KRW 3,000 for business profits of KRW 5,310,000 for total account books).

(2) In lieu of a blanket subcontract, such as a written estimate submitted by the Plaintiff, the Defendant entered into a contract on the part of the production of the instant program and the installation of equipment at the factory site (hereinafter “instant installation contract”) with the Plaintiff, separate from the trial operation of the program that produced the instant program production part and the installation work at the factory site (hereinafter “instant installation work”). On July 3, 2013, the Defendant sent an order with such content to the Plaintiff.

(1) The draft content of the instant program production: the draft book (Tray Feeder & Eletoer M/C drawings), PLC and To (Tray Feder & Elevato develop PLC and NLC program): KRW 12,00,00 (in addition, hereinafter the same shall apply), settlement terms: 50%, advance payment period: The payment period: Until the completion of the project: the place of delivery: (2) the place of installation outside the Defendant’s factory (SET) the installation of the instant installation from July 21, 2013 to July 21, 200 per day.

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