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(영문) 광주고등법원 2016.04.06 2014나14015
양수금
Text

1. The plaintiff's appeal and the conjunctive claim added in the trial are all dismissed.

2. After an appeal is filed.

Reasons

1. Basic facts

A. The Defendant is a corporation established for the purpose of manufacturing pollution prevention devices, and C is a corporation established for the purpose of steel plate processing and steel structure manufacturing.

B. On November 21, 2013, the Defendant entered into a purchase agreement with C to purchase the 516,580,020 tons of the contract amount (the amount including value-added tax, and the contract amount excluding value-added tax is KRW 469,618,200) of EGK Glas 2 equipment type, total weight of 158 tons (hereinafter “instant exhaust gas treatment equipment”) as the 516,580,020 won of the contract amount, and the purchase agreement to purchase the final delivery date as of January 15, 2014 (hereinafter “instant supply agreement”). The relevant provisions of the instant supply agreement are as set forth in the attached special terms and conditions.

C. The exhaust gas treatment equipment of this case is part of the factory equipment that the Defendant intended to supply under an order from a foreign client (hereinafter “Hitachi Plant Pod”), composed of 27 items as listed below, and C supplied the items listed in the table 1 through 19 from December 18, 2013 to March 5, 2014.

(3) On December 21, 2013, 201. 4rd 2, 1, 201. 4rd 2, 3rd 2, 201, 4rd 2, 201, 14rd 1st 4rd 2, 2013, 1. 1st 4rd 4rd 2, 201, 3rd 3rd 2, 2014. 6th 6th 2, 2014

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