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(영문) 부산지방법원 2018.08.21 2017가단316252
공사대금
Text

1. As to KRW 58,229,00 and KRW 22,192,00 among the Plaintiff, the Defendant shall pay to the Plaintiff KRW 32,352,00 from December 8, 2016, and KRW 32,352,00.

Reasons

1. Basic facts (a contract for the manufacture and installation of facilities as a shooting day);

1. Contract amount: 760,000,000 won (excluding value-added tax);

2. Period of construction: September 15, 2015 ( separately for trial operation);

3. Scope of contract: Conditions of success in production trial (see special conditions in contract) (a contract for the production and installation of new plastic equipment).

1. Contract amount: 480,000,000 won (excluding value-added tax);

2. Period of construction: September 15, 2015 ( separately for trial operation);

3. Scope of the contract: The payment terms of each paragraph shall be the conditions of passing the production trial (see special conditions of the contract) for the payment of Article 2 of the O Special Conditions of the Contract.

(Additional Value-Added Tax). However, when the defendant receives the price from the original Cheong Co., Ltd. (C; hereinafter referred to as “C”) upon a request for flag, it shall be adjusted and paid to the plaintiff under the equivalent conditions.

1. Contract deposit (30%): 228,00,000 won, 144,000,000 won (each of four months’ bills and each performance bond);

2. Part payments (40%): 304,00,000 won, 192,00,000 won (after entering each four-month bill or contract goods at the scene);

3. Balance (30%): 228,00,000,144,000,000 won (for each four months’ bill, and for each four months’ passing of the facility operation and payment after the submission of performance securities), Article 3 (Scope of Contracts).

1. The Plaintiff includes the design, manufacture, supply, trial run, and approval of the Defendant’s original office building inspection in accordance with the Product Liability Act.

2. He/she shall submit education and manuals for mechanical driving to the defendant simultaneously with approval for test operation;

Article 4 (Production and Delivery)

1. The plaintiff shall produce the specifications of the final estimate presented by the plaintiff and the specifications presented or demanded by the defendant by the defendant, which are agreed upon by technical hosting (after obtaining the defendant's approval within five days from the date of preparation, work schedule, together with the work schedule). Even in the process of production, the contents of the agenda, functionality, and overall process should be corrected immediately after consultation with the defendant.

2. The time of delivery shall have passed the performance test and the test operation of facilities, and delivery shall be completed at the Defendant’s original office building when the examination completion is determined, and any time before and after the on-site entry.

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