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(영문) 광주지방법원순천지원 2014.11.06 2014가합1059
양수금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Defendant is a corporation with the purpose of manufacturing pollution prevention devices, and the non-party C corporation (hereinafter “C”) is a corporation with the purpose of steel plate processing, steel structure manufacturing, etc.

B. On November 21, 2013, the Defendant: (a) the contract amount is KRW 516,580,020 (including value-added tax) with respect to the first type of EGKr Gas 2 equipment steel structure (hereinafter “instant exhaust gas treatment equipment”) and the total weight of 158 tons; and (b) the final delivery date is 2014.

1. 15. A contract for the purchase of goods was concluded (hereinafter “instant supply contract”), and the instant contract includes special terms and conditions, such as the attached sheet.

(11) On December 21, 2013, 2013, C shall begin to supply the Defendant with water treatment units and small-scale slot tanks on December 18, 2013, and

C On March 7, 2014, the Defendant requested additional settlement because the supply was completely suspended due to the construction loss related to the instant supply contract.

Terms and Conditions

(a) Contract name: EGKr Gas T.E.P. 2 Facilities and Iron structure (excluding the EP main body); one form of purchase;

(b) Contract amount: 469,618,200 won (V.A.T separate);

(c) Details of the contract: Contract quantity (S400.6TN, S403.6TN, SUS304.29.20, SUS316 May 2, 16).

D. B agrees to pay l million Won (70,000,000) to C for additional amounts other than the contract amount under the above sub-paragraph (b).

(e) future progress plan: 1.1.

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