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(영문) 수원지방법원 안산지원 2017.01.12 2016가합100
물품대금
Text

1. All claims filed by the Plaintiff (Counterclaim Defendant) and the counterclaim claims filed by the Defendant (Counterclaim Plaintiff) are dismissed.

2. The costs of lawsuit;

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Plaintiff is a company that aims at manufacturing machinery, etc., and the Defendant is a company that aims at manufacturing and selling recyclable rubber products.

B. On May 10, 2014, the Plaintiff: (a) produced and supplied the goods production contract with the Defendant on August 20, 2014; (b) the payment period of KRW 300,000,000 (excluding value-added tax; hereinafter the same shall apply); (c) the intermediate payment of KRW 150,000,000 was paid at the same time with the contract; (d) the intermediate payment of KRW 150,000,000 was paid after the interim inspection on June 25, 2014; (c) the remainder of KRW 100,000,000 was concluded with the goods production contract to be paid immediately within ten (10) days after the completion of installation and trial operation; and (b) on October 10, 2014, concluded a contract to manufacture and supply goods with the air conditioners to be used together with the said air conditioners for manufacturing goods at KRW 14,50,000,00.

(hereinafter referred to as the “instant manufacturing contract” in this case, including the contract for the manufacture of goods with respect to the air conditioners and coolants.

The Plaintiff, at the error of the Plaintiff’s staff, made a screen of the voltager not more than 96m, but not more than 98m. However, the Defendant understood that the Defendant would not have any performance difference between the voltager and the original order 98m voltager and the original order 96m voltager, and that the Plaintiff would be supplied as it is. Accordingly, around August 21, 2014, the Plaintiff supplied the Defendant with the 98m voltage generator and installed it at the Defendant’s factory.

The plaintiff's supplied 98m voltages "the pressureers of this case" are "the pressureers of this case"

(4) On October 23, 2014, the Plaintiff produced and supplied the coolant to the Defendant. D) The Defendant paid KRW 1,50,000 to the Plaintiff as the price for the air conditioners, KRW 50,000 on May 12, 2014, KRW 40,000 on July 30, 2014, KRW 14,500 on October 14, 2014, KRW 104,50,000 on the price for the air conditioners, and KRW 104,50,00 on October 14, 2014.

2. Determination as to the claim on the principal lawsuit

A. The defendant alleged by the plaintiff.

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