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1. The plaintiff's primary claim against the defendant B and the conjunctive claim against the defendant Daegu Metropolitan City.
Reasons
1. Basic facts
A. Defendant B is a company selected as the concessionaire of the C business that Defendant Daegu Metropolitan City promoted as a public-private partnership project (hereinafter “instant business”). The Plaintiff is a company that entered into a contract with the D Co., Ltd. that supplies fuel-making facilities necessary for the instant business to Defendant B (hereinafter “D”).
B. As between Defendant B and D on December 15, 2014, Defendant B entered into a contract for the supply of goods with the content of the supply of fuel-making facilities required for the instant project, which is determined as the contract amounting to KRW 6,826,820,00 (including additional taxes), from December 15, 2014 to June 30, 2016, from December 15, 2014 to June 30, 2016.
C. On July 24, 2015, the Plaintiff entered into a contract for the supply of goods with the content of the contract amounting to KRW 543,400,00 (including additional taxes), including the installation and trial operation expenses of E 2 sets, spare parts, expendable goods, etc. (hereinafter “instant classification machine”) among fuel-making facilities supplied by D to Defendant B (hereinafter “instant contract”). The place of the instant business, the place of the installation, the place of the delivery, the first payment for the delivery period, within 11 weeks from the date of the delivery (hereinafter “instant contract”).
The following are arranged in regard to the terms and conditions of payment and the transfer of ownership among the terms and conditions of the contract of this case.
4. Terms and conditions of payment;
1. Primary: Issuance of promissory notes (the maturity on November 15, 2015) in the amount of KRW 135,850,000, which is 25% of the total contract amount immediately after the contract is concluded;
2. Secondary payment: payment of KRW 135,850,000, which is 25% of the total contract amount until November 15, 2015 after completion of delivery;
3. Third installment: Payment of KRW 163,020,000, which is 30% of the total contract amount by the 15th day of following month after the completion of installation.
4. Fourth-class vehicle: Payment of KRW 54,340,000, which is 10% of the total contract amount until the 15th day of next month after the completion of a short-time driving.
5. 5th vehicle: Payment of 54,340,000 won which is 10% of the total contract amount by the 15th day of next month after the completion of the interworking.
8. The ownership shall be transferred after the settlement of proceeds for the products and services under the contract for the transfer of ownership has been completed.
D Ownership.