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(영문) 대구지방법원 2014.07.25 2013가합9424
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The Plaintiff is a company with the objective of manufacturing and selling boilers, and the Defendant is a company with the objective of manufacturing and selling feed.

B. On April 2012, the Plaintiff entered into a contract with the Defendant on the manufacture and installation of boiler (hereinafter “instant contract”) with the following content.

Corporation Name: Manufacturing and installing Sboil (15TON/HR)

1. 계약의 목적물: 목재 펠렛 전용 바이오매스 스팀보일러(15TON/HR) 제작 및 설치

2. Place of installation: Article 754-2 of the Hacheon-do, South-do, Gyeongcheon-si (major stoves and scope of construction to be constructed)

1. Main stoves (1) Main stoves of boiler 8TON/HR and 7TON/HR stoves of boilers (2) fuel supply facilities (1 and vertical transport equipment, service tank 3) (3) all other ancillary facilities;

2. The scope of construction works (1) the manufacturing and installation of air pollution preventive facilities in conformity with environmental regulations (2) the manufacturing and installation of stoves stoves stoves 2TN/HR and subsidiary facilities (4) the installation and installation of pipes stoves 3 (production and installation period)

1. The period during which boiler manufacturing and on-site installation is completed shall be within 60 days from the date of the contract;

(including the period of trial operation) Article 4. [Total Construction Costs and Construction Costs Settlement Schedule]

1. Total construction cost: One hundred thousand won per day (excluding value-added tax);

2. Contract deposit: Gross0 million won (total construction cost 30%).

3. Part payments: At the time of entry into two boilers (in the case of entry into the boiler with the main body of the boiler).

4. Balance: Two hundred million won (in the event that the authorization or permission is completed after the operation of a vehicle).

5. “B” (the title of the Plaintiff; hereinafter the same shall apply) shall submit to “A” (the name of the Defendant; hereinafter the same shall apply) a letter of performance guarantee for advance payments and the letter of performance guarantee for defects at the time of the receipt of the down payment and the intermediate payment, and in the case of the storage of supplementary facilities, “A” shall pay the price within five days

6. The total construction amount shall include the amount of interest in the construction cost of the GST facility project, which shall be KRW 00,000.

Article 5 (Ownership of Construction Works) The remainder under this Agreement shall be included in boilers until the remainder is fully paid.

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