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(영문) 서울서부지방법원 2016.12.15 2015가합37214
기계제작공급대금
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 98,00,000 to the Plaintiff (Counterclaim Defendant) and its payment from September 26, 2015 to December 15, 2016.

Reasons

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. Facts below the facts of recognition may be found either in dispute between the parties or in combination with Gap evidence Nos. 1, 3, and 4 (including branch numbers if there are branch numbers; hereinafter the same shall apply), Eul evidence Nos. 1, 5, and 10, and witness C and D's testimony, as a whole.

The plaintiff is registered as the operator of F, who is the manufacturer and supplier of industrial machinery substantially operated by the non-party E, who is the husband, and the defendant is the person who has registered as the operator of G, who is the manufacturer and exporter of Scota who is the father of the non-party D.

B. 1) On July 12, 2010, the Plaintiff: (a) from the Defendant on July 12, 2010, the Plaintiff was a IN-LAMINION 6 joint plate machine (hereinafter “instant machine”) to be exported by the Defendant to H, a Chinese injured enterprise.

(1) A contract was made between the Plaintiff’s agent Nonparty I and the Defendant’s agent, and the contract was entered into between the Plaintiff’s agent Nonparty I and the Defendant’s agent (hereinafter “instant contract”). The contract was entered into between the Plaintiff’s agent Nonparty I and the Defendant’s agent (hereinafter “instant contract”).

(2) After January 201, the Plaintiff manufactured the instant machinery in accordance with the First Agreement and completed the test operation of the machinery at the place designated by the Defendant (H plant). However, the Plaintiff failed to produce prototypes on the H plant because the boiler equipment was not installed.

3) Meanwhile, on June 8, 2012, the Defendant did not pay KRW 13 million to the Plaintiff out of the amount of the instant contract under Article 1. (c) On the other hand, the Plaintiff: (a) from the Defendant on June 8, 2012, the Defendant manufactured the instant machinery to be exported to the “J”; and (b) installed at the place designated by the Defendant to manufacture the instant machinery to be exported to the “J”, a company located in the Republic of Korea; and (c) received a contract for the manufacture of the prote product in KRW 50

In this case, ‘the above contract' is the case.

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