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(영문) 수원지방법원 2013.10.08 2013가합5513
대금반환
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On June 23, 2011, the Plaintiff entered into a contract with the Defendant for the production of “from 10 up to 10” automatic assembly facilities (hereinafter “instant facilities”) via the Plaintiff’s Korea Branch PPI carcers, Inc., a branch office, and the main contents of the said contract are as follows.

Article 1 (Purpose) The purpose of this Agreement is to clarify the rights and obligations between the Plaintiff and the Defendant in the production of the instant facilities and to ensure the successful production of the said facilities in accordance with the principle of good faith.

Provided, That in order to reduce the unit price due to the production amount of facilities, the defendant shall be responsible for the technical part (design part), and the assembly and trial operation part of finished products business trip shall be dispatched from the side of the defendant to the responsibility until the completion thereof.

In addition, other amount than the expected amount shall be handled under the responsibility of the plaintiff.

The plaintiff shall bear the travel equipment only three times, and the other travel fees shall be borne by the defendant.

Article 2 (Terms of Contracts)

A. Name of equipment: The purpose of this case is to cooperate with the design part of the facility of this case and until the completion of technical support for the production of the facility in China.

B. Manufacturing period: from July 1, 201 to September 20, 2011.

Date of delivery: Article 3 (Payment of Price) on the date of completion of design drawings on July 25, 201

(a) Contract deposit: 5,00,000 won shall be paid in cash on June 23, 2011;

(b) Balance: 5,00,000 won shall be paid within two days after a trial run is completed in cash; and

Article 5 (Interim Tally Tallying and Delivery Inspection)

A. The plaintiff shall conduct an interim inspection in the presence of the defendant's technician as necessary, and the defendant shall comply with it.

B. After completing the construction of contract goods at the place designated by the Plaintiff at the place designated by the Plaintiff, the inspector designated by the Plaintiff conducts an examination within five days, and notify the Defendant of the passing of examination when there is no error in the construction and operation, and the examination period shall not exceed ten days.

Article 7 (Defect Guarantee)

A. The Defendant shall be liable for warranty for 12 months from the date of completion of inspection of contractual goods for manufacturing in Korea.

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