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(영문) 수원지방법원 2018.08.16 2016가합77861
설비대금
Text

1. The plaintiff (Counterclaim defendant)'s main claim and the defendant (Counterclaim plaintiff)'s counterclaim are all dismissed.

2. Of the costs of lawsuit.

Reasons

1. Basic facts

A. The Plaintiff is a company that aims at the manufacture and sale of semiconductor equipment, and the Defendant is a company that aims at the manufacture and sale of films used in the manufacture of TV screen pictures, etc.

B. The Defendant, while moving the film original body, designed a “clatering refluoring system” in the method of producing film products by expanding the film original body on either side or side, and around 2015, he/she requested Nonparty C’s representative D to produce a sample of approximately 1.5 meters of the length (hereinafter “clatering equipment”).

The Defendant, based on the aforementioned file file equipment, intended to manufacture a “niversing refrating refrating equipment” of approximately 45 meters. However, while the supply price of equipment proposed by D was approximately KRW 1,600,000,000, the Plaintiff, who presented a low supply price for refrating another manufacturer, requested the Plaintiff to place an order for the instant equipment.

C. On February 1, 2016, the Plaintiff and the Defendant entered into a contract for the production to design and manufacture the “nansan mountain-style facilities” (hereinafter “instant facilities”) in accordance with the Defendant’s form of demand for the installation (hereinafter “instant contract”), and the supply price thereof is KRW 595,50,00 (Additional Tax Classification), and the Defendant paid the down payment, intermediate payment, and remainder to the Plaintiff under the following conditions. The Plaintiff and the Defendant, by April 6, 2016, and the E-UP of the equipment completed each time until April 15, 2016, respectively.

The term “B (Plaintiff, hereinafter the same shall apply)” submits a performance guarantee insurance policy (contract) in an amount equivalent to the down payment to “A (Defendant, hereinafter the same shall apply)”, and “A” pays the amount equivalent to the amount of the purchase of insurance to “B” on the settlement date.

Part Part 170,000,000

1. After completion of the resolution of the problems raised by the trial run and “A” after entry into a product, payment shall be made to “B” within two days after completion of the report on the completion of the facility SET-UP.

2.

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