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(영문) 서울중앙지방법원 2016.11.04 2014가단194613
손해배상(기)
Text

1. The Defendant (Counterclaim Plaintiff) against the Plaintiff (Counterclaim Defendant)

A. Machines listed in the separate sheet from the Plaintiff (Counterclaim Defendant).

Reasons

1. There is no dispute between the parties to the facts of recognition, or comprehensively taking account of the entries and images of Gap evidence 1 through 9, 11, 13, and 14, and the whole purport of the pleadings as a result of the CD verification conducted by this court, the following facts may be acknowledged. Each entry of Eul evidence 2, 6, 8, and 9, and testimony of Eul is insufficient to reverse the recognition, and there is no counter-proof otherwise.

The plaintiff is a person who runs the wholesale business in the name of "D", and the defendant is a person who runs the mechanical manufacturing business in the name of "E".

B. On May 21, 2014, the Plaintiff entered into a contract for the manufacture of sand site machinery with the Defendant as follows, and the same year.

5. 23. 23. Payment of down payment to the Defendant KRW 7.75 million.

The manufacturing content: The manufacturing process of the process sand site shall consist of 6 stages, including 2 sandboxes, automatic connecters and cuters, and two team leaders.

Diabling an ice cream on the brea-luted breabbak-luted breabing on the scream by making doping-ice cream aground on the scream in the scream in the shape of a clean-type breacream breabing on the scream breacream breabling by affixing the breabbbbling in the shape of a clean-type breabing: The period of production from May 22, 2014 to the same year.

6. Until December 22: Payment of the order amount: 5,500,000 won (excluding value added tax): 50% (7750,000 won) at the time of conclusion of the contract shall be paid as the down payment; 30% of the intermediate payment (4.650,000 won) after the completion of the trial operation; 20% of the remainder (3.1 million won) within 10 days after the delivery; the repair cost incurred after delivery shall be borne by the Plaintiff for the expenses incurred by new cultivation; and the Defendant shall guarantee for the damage and breakdown of the parts during use without compensation for one year.

C. On July 2, 2014, the Plaintiff entered into a contract with the Defendant on the manufacturing process of the said sand site, setting the manufacturing period from July 3, 2014 to July 10, 2014 with respect to the production of the ice cream cooling and storage and secting equipment related to the ice doping.

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