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Reasons
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(영문) 의정부지방법원고양지원 2016.07.28 2015가단83531
채무부존재확인
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1. The plaintiff's claim of this case is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Facts of recognition

On April 20, 2015, the Plaintiff entered into a “DOVE-2800 production and supply contract” (hereinafter “instant supply contract”) with the Defendant, and the main contents thereof are as follows:

(B) No. 1. (Evidence 1. (Contract Details) No. 1. DOVE-2800 increased 170,000,000 additional supply scope of VAT separate supply

1. This Agreement shall also cover the design, production and distribution theory, the sub-design production, the PLC Program (including drawings), and the assembly of machinery.

2. At the time of assembling apparatus, it shall reach the determined level of contribution as desired by customers.

4. To conduct shipment inspection at the production site of the Plaintiff B before delivery.

5. The final tallying is deemed as DOV tallying, and if inevitable, it may be substituted by the tallying of “DOV Customer”.

6. Where a final tallying point or improvement has occurred, B shall complete the measures even after delivery;

The time limit for delivery for the goods under this supply contract, set forth in Section 2 of Schedule 1 70,000,000, shall be May 15, 2015.

Article 3 (Conditions of Extradition and Costs to be Borne)

1. The delivery and installation place of contracted goods shall be the place designated by the defendant A, and all the other required expenses shall be borne by the defendant B;

Provided, That the place of the first delivery and installation is the delivery to the "DOV main company", which is the customer company of A.

3. Additional costs incurred due to the production of TURN-KY shall not be recognized.

(other than due to Party A’s request or due to Party A’s fault). Article 4 (Prohibition and Prohibition Conditions)

1. Advance payment: A bill for 30% shall be paid for the due date on May 30, 2015 after completion of the DOV contract.

2. part payments: 60 per cent payment shall be made at the end of the following month after the settlement of a work completion certificate to the person in charge of DOV work after the physical strength of control I/O test and apparatus assembly after completion of supply of DOV.

3. Balance: 10 per cent shall be paid in cash as of the end of the following month after completion of the FOB of contract equipment.

4.B shall be the completion of assembly installation.

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