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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. SK Construction Co., Ltd. (hereinafter “SK Construction”) awarded an order to construct a power plant in Pakistan and executed it. Of the above power plant construction works, SK Construction subcontracted the boiler part of the boiler construction works to Handokx Co., Ltd. (hereinafter “ Handokx”), and Handokx subcontracted the Defendant with the installation of nitrogen oxides removal equipment among boilers.
B. On June 11, 2013, the Plaintiff entered into a contract with the Defendant to accept a subcontract for the SCR SYST (hereinafter “instant contract”) construction among the foregoing nitrogen oxides removal equipment (hereinafter “instant system”). The main content of the instant contract is as follows.
A purchase contract for goods (out-of-State);
1. Name of the construction: PACO POLN POLJECT;
3. The name and quantity of the goods: SCR SYSESM/2 Sets.
4. Contract amount: Sum 2,050,000 won per day (Won 2,050,000); and
5. Conditions for advance payment - KRW 300,000,000 in daily gold (Won 386,250,000, and one week or less after receipt of advance payment performance guarantee): The first intermediate payment - up to September 10, 2013 - The second intermediate payment - the amount of KRW 386,250,000 in daily gold KRW 386,250,000 (up to September 30, 2013) (up to 386,250,000, no later than November 30, 2013): the third intermediate payment - the amount of KRW 772,50,000,000 in daily gold, and the balance of KRW 10,000,000 in domestic goods supply as of November 30, 2013 - the balance of KRW 250,005,000,000 in domestic goods supply terms and conditions [30,00,000,000,000.
1. Approved books (design/Quality Docu) shall be submitted within two weeks after the contract is concluded;
- Design approved books (DWG) shall be submitted to a designer, and quality approved books (ITP) shall be submitted to a person in charge of quality, and shall be notified to the person in charge of purchase (A) as to whether such documents are submitted.
- (B) The plaintiff must be submitted in accordance with the final POS and Job Spec.