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(영문) 광주지방법원 2014.03.27 2012가합10111 (1)
공사대금 등
Text

1. The Plaintiff (Counterclaim Defendant) pays KRW 100 million to the Defendant (Counterclaim Plaintiff).

2. The plaintiff (Counterclaim defendant)'s principal claim and the plaintiff's counterclaim.

Reasons

1. The principal lawsuit and counterclaim shall be deemed to be a same.

A. The plaintiff is a person operating the business of manufacturing, selling and installing rice processing plants with the trade name of "C", and the defendant is a corporation established for the purpose of operating and distributing rice processing plants.

B. On December 19, 201, the Plaintiff entered into a contract (hereinafter “instant contract”) with the Defendant to supply the machinery and equipment of rice processing plants (hereinafter “the instant machinery and equipment”) within the instant factory, which was newly built on the ground D at Jeju-si, Jeju-si, with the following terms and conditions (hereinafter “instant contract”).

Official name: 40 million won (excluding value-added tax): The period of construction from December 19, 201 to March 31, 201: (1) the 15 percent (2) of the contract price of intermediate payment (the time of preparation for machinery), 15 percent (the time of preparation for machinery shipment) of the contract price of intermediate payment, and 62.5 percent of the contract price of remainder (32.5%) of the 62.5 percent of the contract price of intermediate payment (the payment of 32.5 percent of the date of issuance of the letter of guarantee for the Single Guarantee Fund).

2. Two colors shall be newly installed, and one of them shall be replaced by a second class after the completion of appraisal by the financial institution of the guaranteeing agency.

Provided, That it shall be converted to the installment when it is intended to continue the use of machinery.

3. The plaintiff shall complete the construction of the machinery design and the selection of machinery before the construction and shall obtain approval from the defendant.

4. The plaintiff shall work before the field work and execute the work with the approval of the defendant.

Article 4 (Direct Construction) of the Special Conditions for Facilities Construction Contract, the plaintiff shall directly perform the Construction, and may not subcontract or transfer all or part of the Construction to a third party without the defendant's approval.

Article 8 (Execution of Contracts) In the event that the Plaintiff has violated

1. Where the parts constructed are different from design drawings, specifications, construction drawings, etc., regardless of whether before or after delivery of the object of the contract to the defendant, the plaintiff shall immediately repair and remodel them at his own expense.

2. In the case of the preceding paragraph, the defendant shall be liable when the plaintiff neglected the performance.

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