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(영문) 수원지방법원 안산지원 2017.03.22 2015가단106615
물품대금
Text

1. The Plaintiff (Counterclaim Defendant) simultaneously with the receipt of manufacturing facilities listed in the separate sheet from the Defendant (Counterclaim Plaintiff).

Reasons

1. Under the underlying facts, each of the following facts is not disputed between the parties, or it is recognized that Gap evidence Nos. 1, 4, 6-1 through 73, Eul evidence Nos. 1 through 4, Eul evidence Nos. 9 through 13, Eul evidence Nos. 15, Eul evidence Nos. 16, and Eul evidence Nos. 19-1 through 3, and there is no counter-proof.

The plaintiff is a legal entity that produces and sells automation machinery and equipment, etc., and the defendant is a legal entity that engages in manufacturing business of drhos, etc. as its main business.

B. Around May 8, 2014, the Plaintiff and the Defendant entered into a contract with the Defendant to manufacture and supply the Liber Manufacturing Facilities in KRW 100 million (excluding value-added tax) (hereinafter “instant contract”). ① down payment shall be KRW 50 million (excluding value-added tax), intermediate payment shall be KRW 30 million (excluding value-added tax), and the remainder shall be KRW 20 million (excluding value-added tax), and the remainder shall be paid by the end of the completion of the construction, supply, and trial run of the manufacturing facilities, and ② the remainder shall be paid by the Defendant at the time of the occurrence of more than 3% additional expenses, other than the specifications of the contract in the process of designing and manufacturing the manufacturing facilities, and ③ the production efficiency of the above manufacturing facilities shall be approximately KRW 42% compared with carbon dioxide input, and the production efficiency shall be at least 5 km per minute, and the contract shall be rescinded by the Plaintiff due to any cause attributable to the Plaintiff, and the contract shall be rescinded by the Defendant.

C. Under the instant contract, the Defendant paid the Plaintiff the down payment of KRW 50 million on May 12, 2014, and paid KRW 30,000 to the intermediate payment of KRW 30,000 on December 24, 2014, and the Plaintiff manufactured the License Manufacturing Facilities and supplied them to the Plaintiff as shown in the separate sheet around September 25, 2014.

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