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(영문) 대전지방법원천안지원 2015.03.25 2014가단108863
공사대금
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 23,250,000 to the Plaintiff (Counterclaim Defendant) and the amount from March 17, 2014 to September 25, 2014.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On April 19, 2013, the Defendant entered into a contract for manufacturing and installing machinery, including the facilities of a Do refining plant, with the Defendant and the Young-gu Farming Association Co., Ltd. (hereinafter referred to as “ Young-gu Co., Ltd.”). In relation to this case, the main contents of the contract are as follows:

Article 1. Contract amount of Article 2 (Contract Amount) (Contract Amount) such as Do refining, factory, equipment, etc. shall be KRW 147,00,000.

Article 3 (Delivery and Delivery Place) The delivery of this contract shall be completed by September 10, 2013 after passing a prescribed inspection and trial run at the small platform site where Incheon reinforcement is located.

Article 4 (Method of Examination) The defendant shall undergo an examination (on a trial basis) according to the specifications presented by a farm owner.

ARTICLE 8 (Performance Guarantee and Defects Guarantee) - The warranty period for defects of this contract supplied by the defendant shall be 12 months only.

- The defendant shall deposit a performance guarantee insurance policy equivalent to 10% of the down payment in the small platform for the warranty of the quality and performance of this contract.

- The defendant must repair, repair or exchange without compensation any defects arising in the warranty period of the product under this contract.

B. On July 9, 2013, the Plaintiff and the Defendant concluded a contract with the Defendant to perform part of the above contract (production of rice refined rice, etc. and installation at the place designated by the Defendant) (hereinafter “instant contract”). The main contents of the contract in relation to the instant case are as follows.

Article 1 (Manifestation of Goods) - Name (Name of Product): NWR-500 HS, HS-4000 HS, 62,500C, and 3 kinds of mechanical proceeds other than packaging measuring instruments: 62,50,000 won: The place of delivery - The place of delivery: the place where the defendant is designated (in the case of a reinforced transfer, within the field of a farm in which the defendant is located): 30% of the down payment, 40% of the progress payment, 30% of the remainder, 2 (payment Method) 14,50,000 won on the contract date, and the progress payment amount shall be 29,250,000 won on the intermediate inspection date.

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