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(영문) 수원지방법원 2015.12.11 2014가단59749
제3자이의
Text

1. The plaintiff's lawsuit against the defendant shall be dismissed.

2. As to the real estate indicated in the separate sheet No. 1 by the defendant succeeding intervenor.

Reasons

1. Basic facts

A. On February 18, 2013, the Plaintiff entered into a contract (hereinafter “instant contract”) under which the machinery listed in the attached Table 2 (hereinafter “instant machinery”) was manufactured in the amount of KRW 76 million (excluding the value added tax) and installed at a place designated by the non-party corporation (hereinafter “the instant contract”).

Article 1 (Purpose of Contract) The purpose of this Agreement is to perform the contract in good faith and sincerity in cooperation with the plaintiff and the non-party corporation in implementing the supply and installation of goods prescribed in the contract.

Article 3 (Payment Period) The plaintiff shall supply goods to the domestic place designated by the non-party corporation within 60 days from the date of advance payment.

Provided, That the payment period may be postponed under the agreement between the plaintiff and the non-party corporation.

The plaintiff can not be held liable for delay of payment due to delay in advance.

Article 5 (Terms and Conditions of Settlement) The non-party corporation shall pay to the Plaintiff in cash 40% of the contract amount with advance payment within seven days (before delivery) after the contract, and 60% of the contract amount with the balance within ten days after delivery. If the payment of advance and balance is delayed, penalty equivalent to 3/1,000 of the contract amount per day shall be additionally paid to the Plaintiff.

(Advance Payment Amounting to KRW 20,00,000: Terms and conditions for payment within March 20, 2013, and payment through B as contractor). Article 8 (Ownership) (ownership) Ownership of the contractual goods to the Plaintiff before full payment of the contract amount is made. The Plaintiff is prohibited from transferring, offering collateral, lending, or any other similar disposition of the goods under this Agreement to a third party without prior consent.

The plaintiff may recover equipment without any separate legal procedure if the balance is not paid within 30 days after the delivery.

B. On February 27, 2013, the Plaintiff supplied and installed the instant machinery to the non-party corporation, but was paid by the non-party corporation.

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