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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff is a company that runs the steel product processing facilities and manufacturing business, and the Defendant is a company that runs the steel plate cutting processing business, etc.
The defendant refers to a steel plate with a thickness of 8.0T as a unit referring to the thickness of the existing nine meters Twit, and 8.0T means a steel plate with a thickness of 8 meters.
From among Slitter Line facilities, Three Bendling Rlol and Specal Standle were replaced by 100km and 9m T seal strength 80km and h.E.S (hereinafter “instant facilities”) which can be processed up to 60 km, thereby processing a broken-down sign of automobile manufacturing process.
Accordingly, on February 13, 2014, the Defendant entered into a contract for the construction of facilities rationalization (hereinafter “instant contract”) with the Plaintiff on September 0, 2011 as follows.
Article 1 Purpose of Contract
1. The defendant shall have the design, manufacture, installation, and trial operation of the facilities indicated in Article 1(2) performed by the plaintiff, while the plaintiff shall manufacture, supply, install, and run trial operation at the place designated by the defendant.
2. 계약내용 및 범위 1) Finish Leveller with Pinch Roll 4) H.E.S Slitter with Position Control system 16) 설치 및 시운전 (기계, 전기) NOTE 1) TS기준 : 8mm T 100kg /㎟ 이상, 9mm T 80kg /㎟ 이상 제2조 계약금액 및 지불조건 (120일, 어음)
1. Contract amount (V.A.T separate : The amount of money from the chip (Won 857,000,000);
2. Payment Terms (V.A.T. 4 separate) Balance (25%) : Won 214,250,000 - Within one month after the completion of a trial operation (the manufacture, supply, etc. of Article 5 which submits a guaranty insurance policy upon the completion of a trial).
7. The Plaintiff shall complete the manufacturing, installation, and trial run in the Defendant’s local factory by July 10, 2014.
Article 6 Testing, Inspection and Performance Guarantee
1. The inspection of contracted goods shall be conducted in accordance with the inspection rules, approval plans and production specifications of the Defendant, and all kinds of sexual records required for the inspection shall also be submitted to the official inspection institution concerned, and all the costs of this shall be incurred.