(영문) 수원지방법원 2014.10.24 2013가합19130

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(영문) 수원지방법원 2014.10.24 2013가합19130

물품대금

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1. The Defendant (Counterclaim Plaintiff) shall pay to the Plaintiff (Counterclaim Defendant) KRW 47,00,000 as well as its full payment from April 25, 2013.

Reasons

1. Basic facts

A. The Plaintiff is a company that conducts the manufacturing business, such as industrial machinery, and the Defendant is a person who conducts the manufacturing business of heat apparatus and plant with the trade name “B”.

B. On May 29, 2012, the Defendant concluded a contract under the following terms (hereinafter referred to as “instant contract”) that produces, supplies, and supplies not less than 340 million won the price of the instant machine (hereinafter referred to as “instant machine”).

Article 3 (Payment Method): 170 million won intermediate payment (30% of the contract amount): 12 billion won (20% of the contract amount): 45 days from the date of deposit of the contract deposit under Article 4 (Payment at the time of completion of installation):

V.(Scope of Establishment and Place of Delivery)The place of delivery of contract products shall be established at a place designated by Magman Cyke.

Article 7 (Inspection and Trial Operation)

2. The inspection of contract articles which require a trial run shall be deemed to be conducted jointly by the large grmosome and the defendant as well as to have completed the test according to their results;

Article 8 (Compensation for Delay) If the defendant delays the payment period due to the conditions of the scarcity in addition to natural disasters and other causes other than force majeure, the scarcity may deduct the compensation for delay from the rate of 3/1,000 of the contract amount per delayed day.

Article 11 (Defect Guarantee) The warranty period shall be one year from the date of completion of a trial operation and transfer.

Article 13 (As to Installation of Machinery)

2. Civil engineering works necessary for the installation of machinery by scargroids shall be performed; and

4. The primary electricity shall be scarke; and

C. After that, on May 31, 2012, the Defendant entered into a contract with the Plaintiff and the Plaintiff, which produces and supplies the instant machinery in KRW 300 million (hereinafter “instant subcontract”).

II.(Construction Amount and Method of Payment)

1. Construction amount: Three hundred million won;

2. Contract deposit: 150 million won (payment at the time of a contract).

3. Part payments:

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