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(영문) 서울중앙지방법원 2020.09.25 2019가합527079
납품대금 청구의 소
Text

1. The Defendant’s KRW 851,840,00 for the Plaintiff and 15% per annum from March 15, 2019 to May 31, 2019.

Reasons

1. Basic facts

A. On April 7, 2017, the Defendant entered into a collective contract for the design, construction and operation of the instant facilities (hereinafter “instant facilities”) with C Co., Ltd. (hereinafter “project owner”) and “FRF (Slouse Fuel, type fuel) production facilities and power plants (hereinafter “instant facilities”).

The general terms and conditions of a contract for the purchase of goods shall be subject to the conditions specified in the notice of order of Article 3 (Payment and Delivery Terms).

(1) Where the original employer delays the payment period, the payment period of this contract shall be adjusted by mutual agreement between the defendant, Eul and the plaintiff.

Article 5 (Performance Guarantee) (1) Section B shall satisfy the requirements to guarantee the performance of the facilities specified in the contract and the specifications for the facilities to be supplied or installed under this Agreement.

Article 6 (Defect Security) (1) B shall deposit a defect security deposit equivalent to 10/100 of the contract price at the time of completion of a test for performance guarantee of a trial operation or goods with the securities recognized by A during the warranty period specified in the purchase specifications (or notice of suspicion) of A.

Article 8 (Amendment of Contract) (2) A may modify the terms and conditions of a contract, such as quantity, payment period, purchase time, etc., as necessary, until the final supply inspection is completed after concluding the contract.

In such cases, A shall notify the changed contents in writing to B, and if the change in the terms of the contract affects the price or payment period of the goods, B shall notify it to A within seven business days from the date of notification to A and obtain approval, and if B does not notify within seven business days, A shall be deemed that the change does not affect the price or payment period of the goods.

Article 21 (Construction of Contracts) (2) Orders, specifications of purchase, other related documents, and subsequent written agreements, etc. attached to this Agreement shall have the same effect as this Agreement, as part of the contract.

20% after the contract for payment of the order is made, 50% after the shipment, 20% after the completion of the shipment, and 10% contract amount after the trial run (including value added tax).

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