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(영문) 수원지방법원 2015.07.03 2013가단95311
기계대금등
Text

1. The Defendant’s KRW 39,00,000 as well as its annual 6% from November 16, 2012 to October 31, 2013 to the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a company running the business of manufacturing and selling plastic pressure withdrawal equipment, and the Defendant is a company running the business of recycling, processing and selling synthetic resin.

B. On October 201, the Defendant, after compressing and crushing waste plastics, purchased equipment (hereinafter “instant machinery”) after “A-PEST EST,” which is a machine manufactured as a raw material for recycling synthetic resin.” On September 5, 2012, the Defendant entered into a contract with the Plaintiff regarding the repair, etc. of the instant machinery and equipment (hereinafter “instant contract”) with the following content.

Contract Name: A-PT SHET manufacture and supply of equipment, installation, and trial operation contract amount: Article 2 [Scope of Contract and Delivery Date]

1. Scope of a contract: See estimates and construction specifications for repair, installation, and detailed specifications for trial operation of facilities after the EXT Ra, A-TPP SHET D;

2. Date of delivery: Article 3 (Date of Work and Compensation for Delay) during the trial run on November 5, 2012.

1. Items to be repaired and repaired under the terms and conditions of the contract shall be installed until October 20, 2012 (excluding trial run), and items manufactured and paid by the plaintiff shall be completed on November 5, 2012 for items manufactured and paid by the plaintiff.

2. In the event that the plaintiff fails to complete the supply of this contract machinery within the payment period without special circumstances acknowledged by the defendant (as of November 5), the plaintiff shall, without delay, deduct an amount equivalent to 5/100 of the total amount of the contract with respect to each one day of delay as compensation.

Article 7 [Approval] The plaintiff shall manufacture and install devices in accordance with the approved drawings, complete the test for trial operation, and if the result is appropriate for the requested matters, the defendant shall approve it.

Article 15 (Method of Paying Contract Amount)

1. Contract deposit (30%): 69,000,000 won on September 10, 2012

2. Part payments (40%): October 10, 2012: 92,00,000 won;

3. Balance (30%): 69,000,000 won for a period not exceeding ten days after completion of a trial run.

C. On November 5, 2012, the Plaintiff completed the construction stipulated in the instant contract.

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