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(영문) 인천지방법원부천지원 2017.07.07 2015가합747
물품대금등
Text

1. The defendant (Counterclaim plaintiff) and the defendant jointly and severally share 375,921,260 won and 253,161,260 won among them.

Reasons

1. Basic facts

A. The status of the parties is that the Plaintiff is a franchise of food manufacture and sale business franchise, such as Kim Han-sung(D), and Defendant B is a person who manufactures machinery in the trade name, and Defendant C is a joint and several surety for Defendant B’s performance of the contract for the Plaintiff.

(b) The installation of machinery according to the estimated terms and conditions under the responsibility of the seller (Defendant B) of the contract for the execution of the first-fourth contract and for the payment of the price (Evidence A-4, 6) and the contract for the manufacture of machinery (with respect to the installation and the limitation of liability) and the estimated terms and conditions under the responsibility of the seller (Defendant B).

3) On the completion of the installation of the machinery, the buyer must confirm whether there are more than the machinery, and sign and seal on the certificate of completion of the installation. 4) The ancillary facility construction necessary for the installation is the buyer’s obligation and the seller’s construction is in accordance with the seller’s installation specifications.

(C) Article 4(1) of the Act provides that the seller shall conduct a test operation and management training after installing the machinery. (2) The buyer shall assign the machinery dedicated studors to participate in the training.

Machines education is one time.

3) The supply of raw materials required for mechanical trial operation shall be the buyer. 4) The trial operation shall consist of eight consecutive hours.

Article 5 (Construction of Machinery, Payment Period) 1) Machines are 50 days after the order is issued. 2) Machines are put into a place of delivery for the buyer's designated delivery for semi-finished goods and are on-site assembly.

3) On-site assembly period is 30 days. 4) If it is deemed necessary due to installation and trial operation of machinery, additional work process shall be within the limit of 10 days.

5) For the improvement of mechanical performance, the seller may modify the design with the consent of the buyer, and the additional costs resulting from the modification of the design shall be settled later. Article 6 (Time-limit of Delivery and Time-Limit of Production of Pilot Products) shall be the complete delivery of the above-mentioned machinery to the buyer.

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