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1. The judgment of the first instance, including the changed counterclaim claim in this court, is modified as follows.
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. On April 22, 2014, the Plaintiff and the Defendant entered into a contract with the Defendant to manufacture and set up WCF burners and stove boilers (hereinafter “instant contract”) within the Defendant’s factory (hereinafter “WCF burner”) with the purpose of manufacturing and selling boiler. The Defendant is a company established for the purpose of developing energy and environment-related technologies and using waste heat. 2) On April 22, 2014, the Plaintiff entered into a contract with the Defendant to manufacture and set up WCF burners and stove boilers (hereinafter “the instant boiler”). The main contents are as follows.
Article 2 (Terms of Contracts)
(a) Contract title: Installation of defendant cereal plant WCF burning and boiler;
(b) Contract amount: 600,000,000 won (excluding value-added tax);
(c) Contract term: 3 months after the order is given (excluding the authorization period of the Energy Management Corporation); and
라. 내 용 : WCF 연소로 및 스팀보일러 설치(스팀생산량 5ton/hr, 사용압력 7kg/㎠) 항목 사양 수량 비고 추가설비 및 내용 원료저장호퍼 5㎥ 4 원료샘플기준 1) Boiler 급수 연수장치 2) 급수 Pump (2set) 3) 급수 Tank (1set) 4) 설치 및 시운전 포함 5) 세부사항은 견적서 및 보 일러 제작사양에 준함 6) 연소로 및 보일러 : 총 4대 원료투입장치 1,000kg /hr 4 " WCF연소로 5ton/hr 스팀생산용 4 진공강제송풍연소 스팀보일러 5ton/hr 이상 4 관류형 방지시설(1) 120㎥/min 1식 집진장치 방지시설(2) 120㎥/min 1식 스크러바 굴뚝 STS 250/200 1식 이중연돌
(e)general WCF fuel shape and fuel type should be a mechanical design based on Samam provided by the Defendant.
Whether or not to establish a Bagle shall be determined after the rent as necessary, and the authorization and permission of air discharge facilities shall be obtained by the defendant.
Article 3 (Methods of Price Payment)
(a) Contract deposit (30%): 180,000,000 won - Within two days after the contract is concluded;
(b) Part payments (40%): 240,000,000 won - Within one week before the entry of the goods;
(c) Balance (30%).