(영문) 인천지방법원 부천지원 2018.11.15 2016가단114431

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(영문) 인천지방법원 부천지원 2018.11.15 2016가단114431

용역비

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1. The Plaintiff (Counterclaim Defendant) paid KRW 43,605,736 to the Defendant (Counterclaim Plaintiff) and its related amount from February 8, 2017 to November 15, 2018.

Reasons

1. Basic facts

A. On October 29, 2014, the Plaintiff and the Defendant concluded a contract with the following main contents (i.e., “A” refers to the Defendant and “B”; hereinafter referred to as “instant contract”) that the Plaintiff design and manufacture food waste disposal facilities and install them in Kimpo-si, and that the Defendant shall pay the price therefor:

Article 1 Description Product Description 1) Item 1: Details of the pre-treatment facility for food waste 2: 40% (68,000,000 won) of the total amount shall be paid in cash simultaneously with the contract for the manufacture, installation, installation, 1 type 5 (see quotation) other than the transport scrap container, and 170,000,000 won for trial operation, and 1) the payment method of value-added tax separate Article 3 separate: 40% (68,00,000 won) of the total amount; 2) the intermediate payment shall be paid at the time of completion of the manufacture of the product.

3) Balance: A shall be paid 20% (34,00,000) of the total amount of the contract within 15 days after the completion of mechanical installation and trial operation. Article 5 (Time and Place for Delivery) shall be supplied to the place designated by A within 64 days (20 days before December 31, 2014) from the date of the contract. (Provided, That where the violation of Article 8 (1/100 of the contract amount for the date of delivery does not fall under the violation of the date of delivery when the on-site operation is delayed due to the on-site circumstances of A and the reasons approved by A) violates the payment period of the contract product, the amount equivalent to the 1/1000 of the contract amount for the day of delay shall be paid to A as compensation for delay (the compensation for delay shall be deducted within the limit of 10% of the price of the product).

(b) A pre-treatment facility for food waste shall consist of a stacker (storage strawer, storage tank), a blasting machine, scrap scraper, and a monitoring device for transporting food waste to each device, among the equipment for converting food waste into energy for recycling;

Facilities that the Plaintiff intended to design, manufacture and install through the instant contract shall be food waste.

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