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(영문) 인천지방법원부천지원 2015.06.19 2014가단32689 (1)
중도금지급청구
Text

1. The Defendant’s KRW 52,00,000 as well as its annual 6% from February 1, 2014 to June 19, 2015 to the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff is a person engaged in the manufacture and sale of paper industrial machinery with the trade name of “B,” and the Defendant is a company mainly engaged in the manufacture and sale of text and metal machinery.

B. On July 16, 2013, the Plaintiff entered into a contract with the Defendant for the supply of crops (hereinafter “instant contract”) manufactured and supplied as shown in the attached Form (hereinafter “instant contract”) with 260,000,000 won (the additional tax rate, 78,000,000 won on the day of the contract, the down payment is 78,000,000 won on the day of the contract, the second intermediate payment is 52,00,000,000 won at the time of the completion of delivery, and the balance is divided into 52,00,000,000 won after the completion of trial operation, and the remaining amount is divided into 52,00,000,000 won after the completion of trial operation).

C. On December 17, 2013, the Defendant verified the manufacturing condition of the instant machinery, including the instant machinery, along with “D”, which comprehensively controlled the Defendant’s construction of the instant machinery, and demanded the Plaintiff to modify the location of the lifts, presses, and painting of the instant machinery that is not included in the instant contract, and installation of static electric equipment, etc.

On January 31, 2014, the Plaintiff asserted that the Plaintiff supplied the instant machinery to the Defendant on January 26, 2014, but there is no evidence to acknowledge the time of delivery. Thus, the delivery date is specified as the time when the Defendant received the instant machinery.

The Defendant supplied the main body of the instant machinery by reflecting only a part of the Defendant’s requirements without any change in the location or frame, and on February 13, 2014, the electrical panel and the electrical circuit, etc. for the operation of the instant machinery were engaged in the work of linking the main body of the instant machinery.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 6, and 7, witness E's testimony, the purport of the whole pleadings

2. The parties' assertion and judgment

A. The Defendant supplied the instant machinery to the Defendant on January 26, 2014, which was alleged by the Plaintiff.

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