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(영문) 전주지방법원군산지원 2017.07.07 2015가합658
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. An advanced M&D Co., Ltd. and the Defendant’s goods supply contract 1) An advanced M&D Co., Ltd. (hereinafter “Advance M&D”)

(2) On February 24, 2014, the Defendant and the Republic of Korea: (a) on February 24, 2014, with respect to the production and supply of the air-related consortiums (CONVEYOR) among the coal-handling equipment of the Defendant and the Republic of Korea, the contract amount of KRW 2.2 billion (excluding value-added tax); and (b) on top of the said coal-handling equipment, the “instant equipment” is combined with the air-related consortiums (TOW CONVER; hereinafter referred to as the “air-related equipment”).

(3) As to the production and supply, the contract amount was set at KRW 3.46 billion (excluding value-added tax) and the delivery date was set at January 31, 2015, respectively (hereinafter “each of the instant goods supply contracts”).

) At the time, according to each of the instant goods supply contracts, the Defendant agreed to supply and sell the raw materials necessary for the manufacture of each of the instant goods. 2) According to each of the instant goods supply contracts, advanced companies agreed to deposit the performance guarantee insurance policy for the performance of the contract amounting to 10% of the contract amount (the amount of KRW 220,000,000,000,000,000,000,000,000,000,000,000,000,0000,000,000,000,000,000,000,000,000,000,000,0000,000,000,000,000,000,0000,000,000,000,000,000,000,000).

(Article 3(2). The advanced companies entered into a contract guarantee agreement with the capital goods mutual aid association as well as an advance payment guarantee agreement with the amount of KRW 242,00,000,000 for the production and supply of the foregoing air injury, and issued a guarantee certificate with the Defendant. The contract guarantee agreement with the Defendant and the guarantee amount of KRW 484,00,000 for the production and supply of the above-mentioned agreement. The contract guarantee agreement and the guarantee amount of KRW 380,60,000 for the above-mentioned production and supply.

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