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(영문) 청주지방법원 2020.08.14 2017가단108639
물품대금
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 16,00,000 to the Plaintiff (Counterclaim Defendant) and the Plaintiff’s counterclaim from February 18, 2017 to August 14, 2020.

Reasons

1. Basic facts

A. On May 17, 2016, the Plaintiff (Counterclaim Defendant; hereinafter the Plaintiff) concluded the following sales contract (hereinafter the instant sales contract) with the Defendant (Counterclaim Plaintiff; hereinafter the Defendant).

(1) The Plaintiff agrees to sell to the Defendant any Nurung machine with the following specifications (hereinafter “the instant machinery”) at KRW 66,00,000 (including value-added tax).

The Shelled Goods Price shall be 50% until May 17, 2016, and 30% until June 15, 2016, and the remainder 20% shall be paid after completing the trial operation until June 20, 2016.

【Quality Guarantee Term shall be one year.

Applicant shall, when at least 50% of the contract specifications or drawings have occurred, repair them without delay at the plaintiff's responsibilities and expenses.

(v)when the machinery delivered by the Plaintiff is different from the drawings or specifications approved by the Defendant and at least 50%, the contract may be terminated by signing a written agreement.

⑹ 피고가 기계대금을 완불하지 아니하는 경우 원고는 기계의 A/S를 중단할 수 있다.

B. Details of specifications as to the instant machinery are as follows.

(1) The machine of this case is a cleaning machine that produces Nurungung, with rice and added materials, and in which the rice is cleaned for about three hours, and when it is injected into the bell, it is supplied on the machine board in the fixed quantity through the quantitative supply screen, and the product type type is closed once in the shape and the thickness is solid, and the two thickness is closed, and the process of melting the machine in the form of heating, which is heating with gas or electricity, is going through the process of heating under the heat board, and if the lid is opened, the process is going through, and the key is moving from the drieder to the packing room after being dried.

The production capacity based on the Sheet support is the production of rice 180 km per day (based on 10 hours).

Article 22 of the Civil Code provides that the contractor shall operate the machinery in the presence of the employer after the completion of the production and installation work.

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