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(영문) 수원지방법원 2013.11.28 2011가합20495
양수금
Text

1. As to the Plaintiff KRW 275,00,000 and its KRW 200,000 among them, the Defendant shall pay to the Plaintiff KRW 75,00,000 from November 1, 2012, and KRW 75,00,000.

Reasons

1. Facts of recognition;

A. On January 17, 2011, the Chinese contract of this case between the non-party company and the defendant (hereinafter "non-party company") entered into between the defendant and the non-party company A (hereinafter "non-party company") is a construction work of manufacturing and installing equipment necessary for the process of assembling the L CD panel, and the above facilities are completed on the package of LROM panel (L, white, circuit board, etc.) that the defendant contracts with the non-party company, a Chinese local corporation, for the production and supply of B contracted by the non-party company (hereinafter "China") from the non-party company (hereinafter "the non-party company") for the non-party company, for which the non-party company was contracted by the non-party company, the non-party company, and the defendant, for which the defendant completed assembly from the nbri, and completed its performance on the package of LROM panel (L, CD, e.g., circuit board, etc.).

As to A, a subcontract (hereinafter “the subcontract”) was entered into with the content that receives a subcontract for construction cost of KRW 3.8 billion (excluding value-added tax; hereinafter the same shall apply), and the contract amount of KRW 2.60 million (70% of the contract amount for construction) was paid at the end of the following month after the completion of the shipment of equipment, and the intermediate payment of KRW 760 million (10% of the contract amount for construction) was paid at the end of the following month after the completion of the shipment of equipment and the remainder of KRW 380 million (10% of the contract amount for construction) was paid at the end of the following month in order to verify whether the requirements under the contract for the Equipment AT are properly required.

After receipt, each payment was made at the end of the following month.

In addition, the major contents related to the instant case among the content of the instant Chinese contract are as follows.

The contract of this case (A) the defendant, (B) the non-party company's terms of contract

1. Name of subcontract: The name of each E design/production and unit price per unit quantity of each package subcontract for installation of E design/production and installation;

(a) F Design / Manufacture / Installation Food 49.5 billion won 3.8 billion won;

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