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(영문) 인천지방법원부천지원 2015.10.13 2015가단5707
물품대금등
Text

1. The defendant shall be the plaintiff.

(a) KRW 10,00,000 as well as 6% per annum from June 16, 2014 to October 13, 2015; and

Reasons

(b) the facts of the basis;

가. 이 사건 물품공급계약의 체결 피고는 농축산물의 유통ㆍ가공ㆍ판매 등을 영위하는 농업회사법인으로서(당초 상호가 ‘농업회사법인 주식회사 수타자내츄럴’이었다가 2014. 2. 10. 현재와 같이 변경되었다), 2012. 11. 26. 원고와 다음과 같은 내용의 물품공급계약을 체결하였다

(hereinafter “instant commodity supply contract”). The client: The defendant contractor: the plaintiff

1. Contract title: Works to manufacture and install enzyme and equipment related to the manufacture of halogen; and

2. Supply details: At the time of entry into force, drieder, second slope-type burners, transport consortiums, automatic internships, packing work units, Lel-type carriers, and shot packaging holess.

3. Place of installation: The designated site.

4. Term of supply: from the date of ordering; and

5. Amount of contract (contract) : 50,000,000 won (the magnetic packaging hole of this year is 20,000,000 won).

6. Payment method: Advance payment method: KRW 20,00,000 for intermediate payment; KRW 10,000 for intermediate payment; KRW 20,000,000 for intermediate payment; and KRW 10,000 for intermediate payment; KRW 10,000 for intermediate payment; KRW 10,000 for the remainder after completion of a trial operation; and KRW 10,000,00 for the instant plastic packaging and food equipment until December 31, 12.

7. Defects guarantee: One year from the following day after the supply, installation, or test operation is completed.

8. Compensation for delay: 3/1,000 of the down payment on daily basis.

B. 1) The instant goods supply contract includes KRW 50,00,000,000 in total for the price under the instant goods supply contract, including KRW 20,000,000,000, for the plastic packaging equipment and the cost of repair (ober) sold by the Plaintiff to the Defendant separate from the instant goods. The Plaintiff notified the Defendant that the repair of the said plastic packaging was impossible on or around December 2012, and that the said plastic packaging was not repaired on or around April 2013.2) The Plaintiff was determined not to repair the said plastic packaging. (2) On or around May 2013, 2013 to the Defendant, the Plaintiff was running a trial on the machinery (effective, dried) installed pursuant to the instant goods supply contract between May 201 and June 14, 2013.

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