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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On July 12, 2017, the Defendant: (a) received a supply of equipment relocation service at KRW 418 million (value added tax) from the Co., Ltd. to a business entity, “Dra manufacturing facilities (hereinafter “D”) to dismantle the instant equipment “E”; and (b) received a supply of equipment relocation service at KRW 418 million (value-added tax separately).
hereinafter referred to as "original contract"
(B) On October 31, 2017, the Plaintiff paid the amount of KRW 138,480,000 (hereinafter referred to as “instant contract”) to the Defendant as it is for the supply of equipment as stipulated in the original contract, as it is, (i) KRW 138,488,00 (hereinafter referred to as “instant contract”).
The contents of the instant contract are as follows, and Article 2 of the instant contract are as specified in Article 2 of the original contract. The scope of services under Article 2 (Scope and Schedule of Services) is equivalent to “Attachment 1” SPEC Docucu. Paragraph 2 (Report on Work). The Plaintiff shall submit a report on the work progress at least once a week in writing designated by the Defendant so as not to cause any disruptions to the schedule and quality of the contract. The completion of the work under Paragraph 4 (Completion of Installation) means the execution of assembly and installation at the designated location of the instant device, the completion of which is completed, and the period shall be within the expiry date of the warranty period. The total contract amount shall be 138,480,000 won (the agreed amount and the agreed amount): 20% (the agreed amount) per annum; 40% (the agreed amount) per annum; 20% (the agreed amount and the agreed amount): 130% (the agreed amount) per day before and after the end of the contract: 140% (the agreed amount).2(the agreed amount).2).65%).
C. On November 2, 2017 and November 2, 2017, the Defendant, among the contract amounts under the instant contract, to the Plaintiff.