logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 대구지방법원서부지원 2015.05.12 2013가단34321
유체동산인도 등
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Basic Facts

On April 9, 2012, the Plaintiff, who engages in boiler manufacturing and sales business, and the Defendant, who is engaged in food waste treatment facility business, etc. (hereinafter the change of trade name from Sboil Co., Ltd. to Ec Engineering Co., Ltd. on December 12, 2013), entered into a contract with the Defendant on April 9, 2012, under which the Plaintiff entered into a contract with the Defendant to receive KRW 100,000,000 for the down payment of KRW 20,000,000,000 for the intermediate payment and the remainder payment of KRW 80,000,000 within three days after the completion of installation, and KRW 30,000,000 for 60,000,000 after 90,000 won.

In relation to the above contract, two contracts with different capacity and special terms and conditions of the boiler were prepared, and the parts related to this case are as follows:

(1) Construction name of contract No. 1 (Evidence No. 2-1): Manufacturing of the Svis boiler (2TN/HR) and installing works for installing and installing the boiler (2TON/HR)

1. Major stoves (1) Main gromatic smoke-type 2TON/HR stoves (Maximum pressure 10K, used pressure 7-8K) Article 4 of the boiler, total construction cost and construction cost settlement schedule);

1. Total construction cost: 100 million won (excluding additional tax);

3. 20 million won of down payment: A (Defendant) shall be paid to B (Plaintiff) within three days.

4. The intermediate payment and the remainder of 80 million won: 30 million won after 30 days after the completion of installation, 25 million won after 60 days, and 25 million won after 90 days.

Article 7. Special Agreement

1. The capacity of the boiler must be in fact manufactured and installed with the capacity of two tons/HR without relation to any test and marking.

Provided, That the indication of authorization and permission may be one ton.

2. This Agreement appears to be a clerical error in the context of “outboard” stated in the external contract.

any other contract shall take precedence over the other contract.

The name of construction: 1TON/HR manufacture and installation of the boiler 1 TON/HR

1. The total construction cost and construction cost under Article 4 of the Boiler’s major stoves (1) TON/HR stoves boiler (Maximum pressure 8K, used pressure 4-5K).

arrow