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(영문) 부산지방법원 2016.05.17 2014가단97116
물품대금
Text

1. The plaintiff (Counterclaim defendant)'s main claim and the defendant (Counterclaim plaintiff)'s counterclaim are all dismissed.

2. The costs of lawsuit;

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Plaintiff is engaged in manufacturing and wholesale and retailing the automatic control system and control equipment with the trade name of C.

On December 9, 2010, the Plaintiff entered into an electrical construction contract with the Defendant (hereinafter “instant electrical construction”) with a control team and OP Desk to control electricity on the Defendant’s machinery “Degresting and CUT TR 1 LINE” and with a total construction cost of KRW 125 million (excluding value-added tax).

B. The main contents of the instant electrical construction contract are as follows.

The construction period: From December 9, 2010 to January 15, 2011, the down payment shall be 30% of the construction cost, and the down payment shall be paid after the submission of a written performance guarantee for a contract, the intermediate payment shall be 50% of the construction cost, the intermediate payment shall be paid at the time of delivery, and the balance shall be paid 20% after the completion of a trial.

The plaintiff shall undertake construction works based on the drawings, estimates, and purchase specifications presented by the defendant.

When the plaintiff installs contract goods, he/she shall comply with the standards for the machinery drawings and specifications and maintain the highest level of materials, processing methods, specifications and quality of contract goods.

If it is impossible for the plaintiff to install goods within the delivery period requested by the defendant due to unavoidable reasons, the plaintiff shall notify the defendant in writing and obtain the consent of the defendant so that the time of use may not be hindered, and if the plaintiff fails to complete the supply within the date of request for the defendant's installation without such notification, he/she shall pay the defendant a delayed compensation equivalent to 3/100 of the price of goods

C. According to the specifications presented by the Defendant regarding the instant electrical construction, the trial run is conducted by the Defendant’s driver, and all electrical adjustment necessary to display the normal performance of the equipment is conducted by the Plaintiff.

The completion of trial operation shall be the manufacturing type of machinery after the manufacturing of the test in the presence of the Defendant Busan Factory.

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