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(영문) 수원지방법원 2021.01.13 2019나8518
물품대금
Text

1. Of the judgment of the first instance, the part against the defendant in the judgment is modified as follows.

A. The defendant is attached to the plaintiff.

Reasons

(b)the same shall apply;

A supply contract shall be concluded for the Changho Housing Construction and Free Supply of E District Housing Construction Contract.

1. 1) The goods the Plaintiff is to supply 1) PVC windows and producers - F2) - D3 - PV - PV 2) specifications - PV 251m heading 251m, thickness 46m, heat supply rate 1.364 m) quantity - 5 color of heading - outside black, internal designation color, heat control rate 1.276) - inside glass inside 24cm, transparent, outside 24m24ms.

7. Delivery Date frame - The entire quantity of a construction site shall arrive at by December 2018.

The entire amount of windows, glass - Construction sites shall arrive by January 2019.

8.Goods - daily down payment - KRW 3 million - Of payments (including surcharges) at the time of contract (including surcharges) - KRW 3 million - the payment (including surcharges) at the time of arrival at the press construction site - the full payment at the time of arrival at the construction site, such as windows, glass, etc.

9. If the breaching plaintiff fails to deliver the goods, the full amount received shall be returned to the defendant and the defendant shall be compensated for damages for the delay in construction.

* The plaintiff shall submit to the defendant documents necessary for completion (written delivery confirmation, test result) before the delivery of the goods.

On December 13, 2018, the Plaintiff submitted a written estimate in attached Form 15,204,200 won in total to the Defendant (hereinafter “written estimate in this case”).

The remarks column of each item of the instant estimate is written as “Automatic excition,” and the remarks column at the bottom of the quotation is written as “in addition, 3........, including internal rap, external black, glass, and merciation: F (PW3 and PW7 are shower).”

(d)

The Plaintiff received KRW 3 million from the Defendant on December 24, 2018, and KRW 3 million from the intermediate payment on January 4, 2019.

Upon receipt of an intermediate payment, the Plaintiff receives a receipt (hereinafter “the receipt of this case”) from the Defendant (hereinafter “the receipt of this case”) in exchange for the payment for the E-H commercial housing creation and glass supply when the amount of KRW 3,00,000,000,000 is realized.

4. By January 11, 2019, the window, even, and glass necessary for the above construction is above.

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