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(영문) 청주지방법원 2018.06.22 2017가합202002
공사대금
Text

1. The Defendant (Counterclaim Plaintiff) simultaneously with the delivery of products listed in the separate sheet from the Plaintiff (Counterclaim Defendant).

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. On August 28, 2015, the Plaintiff and the Defendant concluded a contract (hereinafter “instant contract”) under which the Plaintiff would produce a welded Dut (DUT; hereinafter “instant product”) and deliver it to the Defendant (hereinafter “instant contract”).

its key

Details are as follows:

Contract amount: An amount indication of an amount less than 50,000,000 won (excluding value-added tax) means an amount excluding value-added tax.

The term of contract: The payment of the price from August 28, 2015 to November 30, 2015 - Advance 10%: Contract performance securities, and after receipt of advance payment securities (bill 90 days): the intermediate payment: the payment on 25th day of the following month after the settlement of the monthly supply volume (No later than 90% of the calculated amount shall be paid and reserved by 10%) - 10% of the reservation amount: the unit price to be paid on the 25th day of the following month after the completion of the on-site driving (after receipt of the warranty bond) shall be excluded, and the transportation expenses to the on-site shall be excluded.

This Agreement is a unit price contract according to the quantity settlement, and the total quantity of the supplied goods shall be settled later, and the total amount may be increased or decreased by the quantity.

(2) On September 4, 2015, the Defendant issued a contract and an advance payment performance guarantee insurance policy to the Plaintiff on September 4, 2015, and paid KRW 55,000,000 to the Plaintiff on September 18, 2015.

(1) The Plaintiff delivered the instant product to the Defendant five times from October 7, 2015 to November 4, 2015, including the written agreement on November 5, 2015.

around that time, the Plaintiff and the Defendant discussed the methods of delivery and payment of the instant product, and agreed on November 5, 2015 as follows.

hereinafter referred to as "Agreement on November 5, 2015"

The portion of the existing production cost of KRW 285,00,000 is to be immediately completed at the request of the defendant, and the remaining quantity is to be produced at the request of the defendant, and the remaining quantity is to be made at the same time as the shipment when there is no quality defect after the defendant completes the examination

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