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(영문) 서울고등법원 2015.04.03 2014나2020538
물품대금
Text

1. The judgment of the first instance court, including the Plaintiff’s claim expanded in the trial room, shall be modified as follows.

In this case.

Reasons

1. Basic facts

A. The Plaintiff is a corporation that carries on manufacturing equipment and machinery parts, etc. of solar batteries. The Defendant is a corporation that manufactures semiconductor equipment and manufactures and sells new and renewable energy manufacturing equipment, etc. The main engineering corporation (hereinafter “mainity”) is a corporation that manufactures, sells and arranges the manufacture of solar batteries and related raw materials, and engages in new and renewable energy business.

B. Mainity received orders from GDdora Co., Ltd. (hereinafter “GD”) to produce and install solar cell facilities, etc., which are Chinese corporations, and re-insigned to the Defendant.

Article 2 (Total Amount of Contract: 1) Total Amount of 780,000,000 won (excluding value-added tax) contract work under paragraph 2 (1) contract: 2) design of contract products, 3) system assembly 4) ship ship and 1/O/cking 5) ship and PC for control management, 3) production specifications: drawings and separate specifications 5 (5) of 6 weeks after the contract is ordered: 30% (within 30 days after the contract is made) intermediate payment: 50% (within 1 month after loading), 50% (within 1 month) of the balance of contract products, 4) ship and PC for control management 5) ship and PC for 1/Oking: The PC shall submit to the Plaintiff’s tally designated “the tally designated Defendant’s tally designated Defendant’s tally designated Defendant’s tally designated Defendant’s “the Plaintiff’s tally designated Defendant’s tally designated Defendant’s tally designated Defendant’s “the Defendant’s t.”

The criteria for the examination of paragraph (2) shall be examined according to the specifications of the lottery products as agreed upon by both the “Defendant” and the “Plaintiff”, and if the “contractual products” as a result of the examination differs from the manufacturing specifications, the “Defendant” shall request the “Plaintiff” to exchange or supplement refined products, or deduct them from the price of goods by reducing the amount of damages.

Where goods have been rejected pursuant to the preceding paragraph, "Plaintiff" shall immediately be made.

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