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1. The Defendants jointly and severally committed against the Plaintiff KRW 138,380,000 and Defendant A Co., Ltd. from September 17, 2015.
Reasons
1. Facts of recognition;
A. On April 16, 2013, with respect to the production of 0.03t to 0.6t between Defendant A Co., Ltd. (hereinafter “Defendant A”), the Plaintiff concluded a contract amount of 148,000,000 won (value-added tax) with Defendant A Co., Ltd. with respect to the production of PAY RE REF RE, STRITT, SCRP WINP WINE, TNSOTRO REE (BOBE), PNMAS RETRTSSSYM, ELTRIC NATRTRITITM, the Plaintiff concluded a contract with Defendant A Co., Ltd. (hereinafter “Defendant A”), with respect to each of the following terms and conditions for the supply of the machinery from April 16, 2013 to August 13, 2013, each of the terms and conditions of the contract are as follows: each of the Plaintiff’s basic terms and conditions of the supply of the machinery below, and each of the following terms and conditions of the supply of the equipment.
In addition, Defendant B jointly and severally guaranteed Defendant A’s debt relating to the instant contract.
Article 3 (Implementation of Defects) The guarantee period for the performance of defects shall be 24 months after completion.
Dor. Defendant A shall be responsible for any defect in the warranty period of the defect performance and shall deposit the warranty insurance policy corresponding to 10/100 of the contract price to the Plaintiff during this period.
Article 8 (Inspection and Trial) In the presence of both the Plaintiff and the Defendant A, Defendant A shall undertake the project and pass the inspection of the Plaintiff’s execution.
(Provided, however, if the plaintiff considers that the completion or completion is impossible within the scheduled date of completion of She (manufacture, Construction, and Delivery) by the State or a public organization, the plaintiff is unable to implement the contract, he shall provide the same equipment as the contract goods in accordance with good faith and good faith, and shall provide civil and criminal joint and several liability when the issue related to this contract arises.
Pursuant to the instant contract, the Plaintiff paid advance payment of KRW 48,840,000 on June 19, 2013 to Defendant A, and the intermediate payment of KRW 65,00 on September 3, 2013.