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(영문) 서울남부지방법원 2016.05.13 2015가단213319
채무부존재확인
Text

1. The Plaintiff (Counterclaim Defendant) is entitled to KRW 35,419,500 on the floor test of the Defendant (Counterclaim Plaintiff Co., Ltd.) and its related thereto.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The defendant Han-Tech generates radio waves in the Maymana Co., Ltd. (hereinafter referred to as “Maymana”), and in the e-mail;

A contract was concluded to provide the test equipment that confirms the transmission of generated radio waves by setting time difference as if actual radio waves enter into, whether the normal operation of the “way detection device” was connected to the direction detection device in order to collect signal signal of the enemy, such as U.S. and radio communications, and accurately identify the location of the device (hereinafter “the test equipment of this case”).

B. On December 6, 2013, the Plaintiff and the instant test equipment, concluded a contract for the supply of goods that the Plaintiff would develop, manufacture, and supply the HIS COINT signal cap (hereinafter “instant cap”) with the Plaintiff, such as a high-level conversion plate, lower-oriented conversion plate, frequency synthetic plate, output and distribution plate, among the instant test equipment, and the main contents thereof are as follows.

Section 2 (Implementation of Contracts) B (referring to the plaintiff) of the General Conditions in the Contracts shall perform the matters agreed upon with the Gap (the defendant Han floor test), such as this Agreement, the letter of demand, design drawings, circuit drawings, etc., and both Gap and Eul shall perform the terms and conditions in good faith.

Section 4 (Inspection and Delivery) 1) B shall be delivered to the place requested by A according to the due date specified in the Request Form attached to this Agreement to require the contractual goods specified therein. 2) B shall, in order to verify the performance of the contractual goods stated in the supply list, conduct a self-testing prior to the delivery date in accordance with the inspection items and testing procedures separately presented by A, and shall request A to conduct an inspection at the time of completion of performance proof.

3 The contract articles requested for inspection under the preceding two paragraphs shall complete the Eul's self-inspection, so that the pure inspection period of Gap in relation thereto shall not exceed five days.

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