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(영문) 창원지방법원 2017.07.20 2015가단17428
납품대금
Text

1. The Defendant’s KRW 158,950,00 for the Plaintiff and KRW 6% per annum from August 4, 2015 to July 20, 2017.

Reasons

1. Basic facts

A. The Plaintiff is a corporation with the trade name of “B” and the Defendant is a corporation with the purpose of manufacturing and maintaining industrial machinery.

6. The period of delivery (construction) of the Plaintiff: August 15, 198 (production of cutting equipment); September 5, 2009; September 10, 2009; October 30, 2009;

9. Terms and conditions of payment for down payment (30%) 70,500,000 won: Cash intermediate payment (1st-20%) 47,000,000 won after receipt of contract guarantee securities: Cash intermediate payment (2nd-20%) 47,000,000 won (excluding value-added tax): Cash balance (30%) 70,50,000 won after completion of the first installation and operation inspection after completion of the first installation and operation: The special terms and conditions of Article 2 of the General Terms and Conditions of the Contract at the time of completion of the transfer operation after the completion of the transfer operation shall have the priority in order to supplement matters not contained in the general terms and conditions or to partly exclude the application of the general terms and conditions.

1) The passing of the inspection of a facility shall be determined by mutual verification of the type and production of the final product, and its standard shall be at least the sample shape that has been previously produced (heratized and heat transformation, no other product pollution is contaminated, and the product equition criteria shall be less than 9m in length). The plaintiff must immediately revise and supplement all deficiencies incurred during the operation of the facility, and the defendant's addition.

The Gu shall also be faithfully performed.

Article 6 (2) When the terms and conditions of the contract, such as the design document, ordered by the defendant during the construction period, are different from those of the construction work, the defendant may order the plaintiff to revise without delay, and the plaintiff shall comply with such order when there is any uncertainty, omission, omission, omission, or reverse violation in the design document.

4) If the change of the design is required due to the Plaintiff’s circumstances, the Defendant’s written approval should be obtained. 5) If the process of planning is completed, the Defendant’s inspection needs to commence the next construction work.

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