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(영문) 수원지방법원 2021.03.11 2019가단535910
공사대금
Text

The plaintiff (Counterclaim defendant) shall pay 93,00,000 won to the defendant (Counterclaim plaintiff) and shall pay 93,00,000 won to the defendant (Counterclaim plaintiff) from August 24, 2019.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. On October 5, 2018, the Plaintiff entered into a supply and installation contract with the Defendant with respect to the machinery and apparatus to make liquid raw materials into powder powder (hereinafter “instant machinery”). The key contents are as follows (hereinafter “instant contract”). The owner of the construction, as defined under the overall control of Article 1, refers to “Defendant” (hereinafter “Defendant”).

hereinafter the same shall apply) referred to as “B” and refers to “B” (Plaintiffs).

(hereinafter the same shall apply) in title.

Section 2. Total contract amount: 115,000,000 (VAT Separate) method of payment under Article 3 (cash settlement)

1. Contract deposit: 40,000,000 won when a contract for a construction project (excluding VAT); and

2. Part payments: 40,000,000 won (VAT Map) for 20 days after the presses and packaging facilities were put into storage;

3. Balance: Installation of the period for payment under Article 4 of the contract after completion of facility operation (AT separate): On October 6, 2018, the period for trial operation on December 15, 2018: The scope of construction works under Article 5 for three months after completion of installation;

1. The plaintiff must complete the construction work in good faith in accordance with the letter and content presented by the defendant (if there is no letter of apology, it shall be produced in accordance with the plaintiff's standard). Article 8 warranty against defects

1. The warranty period of the above product shall be 12 months after its delivery operation, and the plaintiff must repair or replace the product without delay when there was any defect or malfunction in the function of the product.

Article 12

1. The Plaintiff’s basis is a minimum of 150km (amount) construction.

2. If the Plaintiff fails to build a 150km (amount) construction, the Plaintiff shall return the amount already received and remove the equipment at the same time.

3. The plaintiff maintains confidential information with respect to the advanced process technology acquired by this contract, and the defendant also operates an additional facility or proceeding with the plaintiff after consultation with the plaintiff.

4. The Plaintiff is not at issue in the production of the product, even if written and written estimates are not stated.

On January 15, 2019, the Plaintiff supplied the instant machinery at the Defendant’s workplace.

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