(영문) 수원지방법원안산지원 2015.01.22 2013가합5333

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(영문) 수원지방법원안산지원 2015.01.22 2013가합5333

설비대금

Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 44,158,924 to the Plaintiff (Counterclaim Defendant) and its related amount from November 14, 2014 to January 22, 2015.

Reasons

A principal lawsuit and a counterclaim shall be deemed to be combined.

1. Facts of recognition;

A. On January 3, 2011, the Plaintiff entered into and performed a contract for the supply and installation of the instant facility No. 1 (hereinafter “instant facility No. 1”) with the Defendant on January 3, 201, and the Clutch Clut Hous assembly automation, which he/she designed and manufactured (hereinafter “instant facility”).

(1) A supply contract for the supply of KRW 1,815,00,000 (including value-added tax) and for the supply of KRW 1,815,000 (including value-added tax) as of April 20, 2011 (hereinafter “instant First Agreement”).

2) The Plaintiff entered into the instant contract. The Plaintiff’s title (hereinafter “instant contract”).

Article 1(Contract Amount) Section 2 (Contract Amount) of Annex A of Annex A of Annex A of Annex A of Annex A of Annex A of this case, the contract amount of this Agreement shall be 00 million won per day (VAT separate). Article 3 (Delivery and Delivery Methods shall be until April 20, 201, and the delivery of the goods under this Agreement shall be completed after passing a prescribed inspection and test at the place designated by the Defendant.

1. Place of installation: The place where the library is designated;

2. Delivery Method: The Plaintiff shall undergo an examination in accordance with the contract drawings and specifications presented or approved by the Defendant, as set out in Article 4 (Inspection Method).

Article 5 (Modification of Production and Death) The plaintiff shall manufacture the product in accordance with the production drawings and specifications presented or approved by the defendant, and the plaintiff shall not modify the quantity of the product unilaterally.

In addition, the plaintiff cannot open the drawings and specifications to a third party.

Article 7 (Prohibition of Substitute Payment and Issuance of Tax Invoice)

1. Upon entering into a contract, the Defendant pays the amount of KRW 30% of the contract amount under Article 2 as the retainer (VAT separate), which is KRW 30% of the contract amount, and the Plaintiff shall submit to the Defendant the performance (contract) insurance policy.

2.The intermediate payment shall be paid after the receipt of an intermediate payment application after the completion of the trial operation and the receipt of the intermediate payment after the receipt of the application for the part payments, in the amount of KRW 40 per cent (VAT separate).

3. The balance shall be examined by the Defendant after the delivery is completed.

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