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(영문) 창원지방법원 2017.02.22 2015가단88154
기계대금반환등
Text

1. The Defendant (Counterclaim Plaintiff) from the Plaintiff (Counterclaim Defendant) to No. 2 of the same list as the machinery listed in the attached Table No. 1.

Reasons

1. Common factual relations;

A. The Plaintiff is a person engaged in the manufacturing industry, such as the cutting machine parts, etc. with the trade name of “C,” and the Defendant is a person engaged in the manufacturing business of automation machinery under the trade name of “D.”

B. On January 18, 2015, the Plaintiff entered into a contract with the Defendant for the manufacture and supply of machinery, the machinery performance and specifications of which are to be manufactured and supplied in accordance with the design drawings, etc. presented by the Defendant (including value-added tax) as follows: (a) the smoking practice case supplied to the effic Heavy Industries in the existing transactional relationship changes into an integrated form from the effication to the effication type; and (b) it is necessary to individually order one anti-Automatic punching machine to effication case.

다. 그 기계는 프레스에서 1차 성형작업을 통하여 만들어진 움푹 들어간 컵 모양 형태의 반제품을 가공물로 하여 기계에 장착된 금형과 핀 사이에 이를 고정하고 핀을 작동시켜 구멍을 내는 공정을 통하여 일정한 간격으로 구멍이 난 흡습제 케이스 제품을 반자동으로 제작하는 펀칭장비이다. 라.

According to the mechanical manufacturing contract, the Defendant’s manufacture and completion of machinery until April 15, 2015, supplied after the trial run, and KRW 30,250,00 of the down payment out of the price by the Plaintiff is 30,250,000 after the conclusion of the contract, and the remainder 30,250,000 after the inspection and confirmation of the machinery, and the delivery is made in cash before the delivery, and the Defendant’s delay in the supply of the machinery can adjust the payment period by consultation with the Plaintiff five days prior to

E. The Defendant provided the Plaintiff with relevant drawings, specifications, and materials necessary for the manufacture of a product in accordance with a mechanical manufacturing contract, and the Plaintiff is essential to produce a smoking practice case with the relevant machine. As such, the Plaintiff would be produced and supplied with a gold-type one at KRW 3,520,000, around February 2, 2015, according to the quotation presented by the Defendant between the Defendant and the Defendant.

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