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(영문) 서울중앙지방법원 2018.05.30 2016가합579017
공사대금
Text

1. The Defendant’s KRW 151,376,084 as well as 5% per annum from January 27, 2018 to May 30, 2018 to the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a company established for the purpose of electronic exchange machine, terminal device, and software manufacturing and selling and licensing business, and the Defendant is a company established for the purpose of electrical construction business, fire fighting business, etc.

B. On March 29, 2016, the Plaintiff entered into a contract between the Plaintiff and the Defendant with respect to the supply of class 10,00,000 of the integrated distribution line, as to the supply of class 10,00 of the integrated distribution line, and each contract was concluded between April 1, 2016 and November 16, 2016 (hereinafter “instant contract”).

The main contents of the instant contract are as follows.

The name of construction: The goods that have been inspected, produced and supplied by Article 4 of the C Corporation shall pass the inspection by the designated person (supervisor) of the "place of origin", and the goods that have failed to pass inspection shall be re-produced and supplied and inspected.

(In this case, the plaintiff cannot claim extension of the contract period) Article 5 of the Act.

1. Advance payment: US$86,00 - 20% of the down payment, and cash payment within one week after local arrival of contract goods;

2. Part payments: Cash payments within one week after receipt of the progress payment at the expiration rate of the ordering place;

3. Balance: Cash payment within one week after receipt of the progress payment at the ordering place after the completion inspection.

4.The payment of the price of supply shall be made upon request accompanied by a certificate of acceptance issued by the defendant or the designated person of the defendant.

Article 9. The plaintiff to terminate the contract has violated the delivery date and other provisions of this Agreement, or if any of the following has occurred, the defendant may terminate this Agreement at will:

(Deposit for Contract is reverted to the Defendant, and the Plaintiff shall compensate the Defendant for all damages arising from the relevant work.

1. Where a failure has occurred due to payment, etc. within the delivery date;

2. Where the business is closed, suspended, or defaulted; and

3. Where seizure or provisional seizure is requested.

4. Labor-management disputes and business suspension shall have been ordered.

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