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(영문) 수원지방법원 2016.09.01 2015나36997
물품대금
Text

1. All appeals filed by the Defendant (Counterclaim Plaintiff) against the instant principal lawsuit and counterclaim are dismissed.

2. The costs of appeal shall be the principal lawsuit.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. The Plaintiff is a juristic person established for the purpose of manufacturing and selling the machinery for the sanitary paper, and the Defendant is a juristic person established for the purpose of the sanitary paper manufacturing business.

B. On November 13, 2012, the Plaintiff entered into a mechanical manufacturing contract with the Defendant (hereinafter “instant contract”) with the following terms and conditions, and received KRW 100,000,000 from the Defendant as the down payment.

Contract

1. The Plaintiff shall complete the delivery of the following machinery to the Defendant by January 20, 2013.

2. Terms of KRW 1500,000 1 to 190,000 1 to 1500,000 1 to 1500,000,000,000, of the mechanical name and quantity of the supplied machinery (excluding VAT);

3. The defendant shall pay to the plaintiff as follows:

Total amount: The balance paid at the time of a fixed contract of KRW 50 million per day: Until February 28, 2013 of the former 200 million Rules (Notarial for any balance of the machinery shipped out)

4. Defect warranty period: In principle, the plaintiff is a one-year term for the case of parts except for expendable items, and in the case of the defendant's negligence, the expenses are borne by the defendant.

5. The defendant may deduct 2/100 of the total amount per day from the balance when the payment period of the plaintiff is delayed. If delivery of the machinery produced by the plaintiff due to the defendant is delayed for at least 30 days, the defendant shall pay 2/100 of the total amount per day to the plaintiff and handle it by public auction at the plaintiff's initiative after 90 days.

6. The defendant cannot set up a right, such as security, against the machinery produced by the plaintiff after paying the down payment without the plaintiff's permission. The machinery supplied by the plaintiff to the defendant prior to the completion of the balance shall be owned by the plaintiff, and the ownership shall be naturally transferred to the defendant upon completion of the balance.

C. On February 5, 2013, the Plaintiff manufactured and supplied one points log (hereinafter “instant machinery”) under the instant contract, and the Defendant on the same day.

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