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(영문) 제주지방법원 2015.11.26 2014가합3395
손해배상(기)
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 25,875,848 to the Plaintiff (Counterclaim Defendant) and its amount from November 22, 2013 to November 26, 2015.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

Basic Facts

A. On March 4, 2013, the Plaintiff entered into a contract with the Defendant to supply the system for building waste livestock (hereinafter “instant facilities”) of KRW 1.5 tons to a closed-end factory with the Association of the Savings Association (hereinafter “the instant factory”) located in Seopo-si, Seopo-si, Seopo-si, Seopo-si (hereinafter “instant factory”) in KRW 110,00,000 (including value-added tax) (hereinafter “instant contract”). The main contents are as follows.

3. Delivery Period - Contract: The completion of installation at the site on March 4, 2013: On April 30, 2013: Supply Terms and Conditions on May 6, 2013 - Education for the smooth operation of facilities by a driver after installation at the site and trial operation - B (Defendant) shall transfer the facilities to the Plaintiff (Plaintiff) at the time of normal operation.

- This period of trial operation also includes the period of delivery.

- Goods shall be transported and supplied at the places designated by A under the responsibility of B.

- A shall be responsible and prepared in advance for smooth supply of B.

7.Performance Guarantee: B must ensure the following performance:

Livestock 120cc. 150cc. below 1,50cc. 16 cc. 25% below 60cc. below 1,500cc. 16 cc. 25% below the average discharge temperature after the treatment time of the dry room to be handled once.

9.Payment: Down money (30%) - 33,00,000 intermediate money (40%) - 44,000,000 Won (30%) - 33,000,000 Won (after completion of the on-site construction) - Provided, That in a case where a trial run is delayed for more than 30 days due to the circumstances of Party A after delivery of the goods, Party A shall pay the price in full, and Party B shall guarantee the trial run.

15. The rate of penalty for delay: 3/100/1 day.

B. A fire occurred in the instant facility on July 17, 2013 while the Plaintiff was running the instant facility on trial.

(hereinafter “instant fire”). C.

Meanwhile, the Defendant supplied the instant facilities according to the above contract, and received KRW 77,000,000 from the Plaintiff as the price for the goods.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1, pleading.

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