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(영문) 수원지방법원 2016.01.21 2014가합1280
기계대금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On May 30, 2013, the Plaintiff entered into a contract with the Defendant for the manufacture and supply of 4 machinery (hereinafter “each of the instant machinery”) (hereinafter “instant contract”), including the second “SSOL assembly” and “ASY assembly” with the Defendant as of September 30, 2013, setting forth a price of KRW 1.069 billion for the goods (excluding value-added tax), and the supply term as of September 30, 2013, the Plaintiff entered into a contract for the manufacture and supply of 4 machinery (hereinafter “instant contract”).

4. The specifications of machinery: Matters designated by the defendant and the specifications of CATALOG display;

5. Delivery place: The place where the defendant's factory is designated;

6. Payment method of down payment: 320 million won (in the event that a contract performance certificate and an advance payment performance certificate are issued): 4220 million won (in the event that an examination run after the installation of equipment), the balance (30%) of 4276 million won: 320 million won (in the event that a defect performance certificate is issued after the examination report is received), the period of a bond for performance of defects shall be 10% per year.

B. Meanwhile, the specifications attached to the instant contract (hereinafter referred to as “the specifications of this case”) indicate that the walpium shall be 6.4 seconds (SPOL assembly machines) or 6.5 seconds (AS “Y assembly”) with respect to the specifications of each of the instant machinery, and that the conditions should be satisfied at least 95% of the operating rate, at least 0.3% of the defective rate, at least 0.3% of the defective rate, and at least four times of chroke suspension.

C. After that, on September 3, 2013, the Plaintiff and the Defendant entered into an amendment agreement with 20% of the intermediate payment 40% of the draft of drawing parts at the time of confirming the attachment of drawing parts, and the remainder 20% of the remainder at the time of the test after installing equipment, which is a condition for the payment of the existing intermediate payment, and entered into an amendment agreement with the Plaintiff to reduce the manufacturing scope on September 30, 2013 and extend the delivery period by October 31, 2013.

The Plaintiff completed the manufacture of each of the instant machinery on November 30, 2013, and supplied it to the Defendant. The Defendant supplied the Plaintiff with the price for the goods under the instant contract, which was KRW 320,700,000 on June 4, 2013, KRW 213,80,000 on September 6, 2013, and KRW 213,80,000 on November 213, 2013.

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