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(영문) 부산지방법원 2017.09.15 2015가단227020
물품대금
Text

The defendant shall pay to the plaintiff KRW 124,531,261 as well as 6% per annum from January 23, 2015 to September 15, 2017.

Reasons

Facts of recognition

On August 31, 2013, the Plaintiff entered into a sales contract for the following goods on October 15, 2013, upon receiving a request from the Defendant to produce devices such as gold automation equipment in the nearby factories of the Defendant Company.

(hereinafter referred to as “instant contract”). Contract equipment: 2LOT, each ancillary facility 1 LOT, and air facilities (excluding Skrab): 670,000 won (excluding value-added tax) - advance payment (40%) 268,000,000 won (excluding value-added tax) - intermediate payment (30%) 201,000,000 won after the completion of the machinery installation - Article 1 (supply and completion) of the General Conditions for the Contract after two months after the completion of the machinery installation (30%)

(2) The prosecutor shall make available to the site no defects in transportation, installation, trial operation, and P.P., and shall correspond to the specifications and design drawings.

Article 4 (Failure of Payment) The Plaintiff shall pay to the Defendant an amount equivalent to 1.5/1000 of the value of the goods per day of delay as compensation for delay for delay where the delivery is not completed by January 20, 2014, for the first minute of the delivery completion (including trial operation) and the first minute of the delivery completion (including trial operation).

(except under the approval of a natural disaster, a natural disaster, or a defendant). The second part is March 20, 2014.

Article 9(Prohibition Procedure) The defendant shall delay to the plaintiff according to the completion date of the construction as much as the delayed date when advance payment and intermediate payment are delayed, and the number of days for delay shall be excluded.

Article 10 (Quality Standards and Inspection) (2) The term "final inspection" means an inspection after a trial is conducted by installing a place designated by the plaintiff, collecting water first from each of the Articles after the completion of the trial.

(3) Criteria for inspection of objects to be inspected shall be the top priority of drawings, agreements agreed among the processes, contracts, etc., and drawings submitted for approval.

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