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(영문) 인천지방법원부천지원 2017.07.14 2016가합101036
물품대금
Text

1. The plaintiff (Counterclaim defendant)'s main claim is dismissed.

2. The Plaintiff (Counterclaim Defendant) shall:

A. Defendant (Counterclaim Plaintiff) is 115,000.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Article 1 (Purpose A) of the instant contract (Evidence A No. 4) of the facts of the basis shall request B to manufacture and repair the subject matter specified below:

Article 2 (Separate Provision of Value-Added Tax), Article 65,00,000 won (Separate Provision of Value-Added Tax), Article 2 (Place of Delivery and Transportation)

4. The delivery date of this contract shall be by July 15, 2014 and shall be supplied at the designated place “A”.

(ii)Article 3 (Quality Assurance);

1. B shall immediately repair any malfunction or problem that occurs within six months after the installation and operation of contractual goods;

(Provided, That when it is obviously attributable to Gap's negligence, it shall be dealt with through mutual consultation).

1. A shall pay 50% of the down payment (102,500,000 won) to B at the time of conclusion of the contract.

2. A shall pay to B an intermediate payment of 30% (61,500,000 won) of the intermediate payments at the time of the completion of facility operation.

3. The balance of 20% (41,000,000) shall be paid to B when the supply of the equipment is completed.

The plaintiff is a person engaged in manufacturing and repairing machinery in the trade name, and the defendant is a company established for the purpose of manufacturing and repairing motor vehicle parts.

On April 15, 2014, the Plaintiff and the Defendant concluded the following contracts with respect to internal and external lifting machines that automatically cut off motor vehicle monitoring parts, etc.:

(hereinafter “instant contract”). (b)

Under the instant contract, the Defendant paid KRW 115,00,000 to the Plaintiff, and KRW 50,000,000 on June 26, 2014, KRW 50,000 on July 4, 2014, and KRW 115,00,000 on November 27, 2014, and the Plaintiff paid KRW 115,00,000 on September 25, 2014 and around October 3, 2014, KRW 2-B of Disposition 2 to the Defendant’s factory located in the Republic of Korea, Chungcheongnam-gun (Seoul).

In the port, one string machine and one string machine (hereinafter referred to as “instant machines”) were installed.

C. On December 29, 2014, the Plaintiff notified the Defendant of the payment of the remainder of KRW 77,200,000 to the Defendant. The Defendant, on December 31, 201, notified the Plaintiff of the payment of the remainder of KRW 77,20,00,000, and the instant machinery, which is far later than

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