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(영문) 부산지방법원 2015.09.18 2014가단40578
물품대금
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 46,552,100 to the Plaintiff (Counterclaim Defendant) and its related amount from April 25, 2014 to September 18, 2015.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. The Plaintiff is a person operating a manufacturer, such as freezing equipment, with the trade name “C,” in Gangseo-gu Busan Metropolitan City, and the Defendant is a company operating the business of repairing and maintaining air conditioning equipment, heating equipment, etc. for rolling stock on the surface of the Gyeongnam-gun, Gyeongnam-gun.

B. On September 16, 2013, the Defendant entered into a purchase contract with the Korea Railroad Corporation on the gist of supplying air conditioning devices to the guest 61 of the guest 61 for the improvement project of the Rose of Sharon load-type cooling system implemented by the Korea Railroad Corporation.

(The contract amount shall exceed one billion won).

Under the above contract, the Defendant again awarded a contract to the Plaintiff regarding the consortium part, which is a component of the device to be supplied to the Korea Railroad Corporation, and the contract for the supply of goods between the Plaintiff and the Defendant was concluded on December 17, 2013 (hereinafter “instant supply contract”).

The following main contents of the contract:

[The contents of the instant supply contract (explor) : The name of the contract for the Defendant: the contract amount for the production of the 61 quantity container-type air conditioning unit at the lower end of the Rose of Sharon; KRW 152,500,000 (excluding value-added tax) per 1 volume 2,500,000 (total 61 volume): Provided, That after the conclusion of the said contract with the Plaintiff and the Defendant, the unit price was partially increased from 2.5 million to 2.9 million won per unit for the 26-minute group.

Term of contract: Three years (in accordance with the specifications of the Korea Railroad Corporation) after the completion of the work of air conditioning devices: Other matters:

1. Production specifications: In accordance with the separate drawings and specifications;

2. Conditions for the payment of down payment: 30% (45,750,000 won / Payment after Contract) of the intermediate payment 40% (61,00,000 won / Payment after Contract) of the remaining 30% (45,750,000 won / Payment after Delivery after Contract Completion).

3. The 2th quantity for self-testing (test site) shall be produced free of charge;

On or around December 31, 2013, the Plaintiff made and delivers to the Defendant a control tower with a large of 30 guest cars, and around March 2014.

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