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(영문) 대전지방법원 천안지원 2018.09.12 2017가단107519
공사대금
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 Plaintiff is a company that conducts the business of manufacturing automation facilities and industrial robots, and the Defendant is a company that conducts the business of manufacturing and installing plants.

B. The Defendant received a permit for the manufacture and installation of plant plant from a high interest plant, and the plant equipment consists of two crushingers (one electric type, one electric type, and two voltage type), one composite machine, two shockers, two consortiums, and robots equipment.

C. On April 21, 2015, the Defendant is the instant contract between the Plaintiff and the Plaintiff on April 21, 2015, “a contract under which the Plaintiff manufactures and supplies all “integratory loading, automation, and electrical control equipment” on the said plant equipment, and the Defendant shall pay KRW 135,00,000 (excluding value-added tax) for the supply and installation thereof.”

(4) According to the instant contract, the Plaintiff was obligated to manufacture and install facilities so as to conform to the design documents (including construction specifications, specifications, specifications, design drawings, and site descriptions) provided by the Plaintiff. D) After that, the Plaintiff completed the supply and installation of the said facilities and the trial operation and received the full payment from the Defendant. E. Meanwhile, on July 2015, the Plaintiff was installed by moving the individual front-time boxes of the composite and shock season to another place at the Defendant’s request. 【In the absence of any dispute, the Plaintiff did not have any evidence, and the purport of the entire pleadings.

2. The parties' assertion

A. The Plaintiff’s instant contract consists of ① the manufacture and installation works of a consortium, ② the manufacture and installation works of robot devices, ③ the production and installation works of the main 4 exclusive machines (one scraper, one composite machine, and two shock machine) and ④ the installation and installation works of a electric cable pole that supplies electricity to each of the machinery and equipment in the instant plant, and the individual electric box box attached to each of the said exclusive machines (hereinafter “instant electric box box”) did not include the scope of the construction works under the instant contract.

On May 15, 2015, the Plaintiff is between the Defendant and the Defendant.

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