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(영문) 수원지방법원 2016.05.25 2014가단538976
기타(금전)
Text

1. The defendant shall pay 88,100,000 won to the plaintiff.

2. The plaintiff's remaining claims are dismissed.

3...

Reasons

1. Facts of recognition;

A. The Plaintiff is a corporation that produces and sells motor vehicle parts (tein pipe), manufactures and sells factory automation facilities, manufactures and sells widths, and the Defendant is a corporation that manufactures metal machinery and equipment.

B. On November 25, 2013, the Plaintiff requested the Defendant to produce a 1 unit of U2 ENG performance test equipment (U2G performance test equipment). The Defendant’s abandonment and performance test equipment can be connected to the machinery equipment that the Plaintiff had already supplied and assembled to the U2 ENG’s factory, the Plaintiff’s supplier, and the supply of the Defendant would be completed when the Plaintiff had no problem after running the entire manufacturer.

C. Accordingly, on November 25, 2013, the Plaintiff determined the purchase price of KRW 55 million (excluding value-added tax) and the payment date of KRW 16.5 million on January 25, 2014 with respect to 100,000 for 1.6 billion U2 ENG performance testing machines, and the purchase contract with the purport that KRW 16.5 million shall be paid within 30 days after the preparation of the contract, and the intermediate payment of KRW 22 million shall be paid within 30,000 after January 20, 2014, and the remainder of KRW 16.5 million shall be paid within 30 days after the completion of tallying; ② the purchase price for 15,00,000 won for 15,00 won for 20,000 won for 34,50,000 won for 30,000 won for 300,000 won for 30,000 won after the completion of the contract.

(hereinafter referred to as the above two contracts are collectively referred to as the contract in this case).

On November 25, 2013, the Plaintiff paid the down payment of KRW 37.95 million for the performance tester, and KRW 18.15 million for the de facto abandonment, according to the instant contract, and paid the Defendant a sum of KRW 88.1 million (including value-added tax) for each part of the intermediate payment on January 29, 2014 and February 22, 2014.

E. Meanwhile, as the production of the performance tester is delayed, the Plaintiff and the Defendant do not exclude the electrical equipment of the performance tester.

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