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(영문) 부산지방법원 2015.01.08 2013가합11747
기계대금
Text

1. The Defendant’s KRW 180,000,000 as well as 6% per annum from March 30, 2013 to June 13, 2013 to the Plaintiff.

Reasons

1. Basic facts

A. On June 21, 2012, the Defendant, who is engaged in manufacturing and selling public machinery, concluded a contract with the Plaintiff to manufacture and supply large CNC BTPing machine (hereinafter “instant machine”) with the following content on the basis of the estimate and arrangement drawings issued by the Plaintiff to the Defendant on June 20, 2012.

Goods sales contract: The name of the goods sales contract: 80,000 won (including added taxes), 160,000 won at the time of the contract, 64,000 won at the time of installation, and the time of delivery after the completion of trial operation: within 15 days after delivery: Defect warranty within 12 months from the date of delivery: The defect warranty arising from the plaintiff's error shall be promptly corrected within 12 months from the date of delivery.

Compensation for delay: When the plaintiff fails to supply goods within the delivery date, the compensation for delay equivalent to 1.5/100 (0.15%) of the price for the goods per day of delay may be deducted from the balance of the price for the goods.

Provided, That compensation for delay shall not exceed 10% of the price of the goods, and seven days from the date of payment of the contract shall be postponed when calculating the number of delayed days.

B. The main contents of the part at issue in this case are as follows, on the mechanical specifications of the quotation dated June 20, 2012.

Machines and specifications;

1. Sfin number 2 - Sfin (BTA & dry)

2. Processing performance (1) BTA 1) Sfin's rushing: 40m in diameter to 170m in diameter: 200m in diameter: maximum depth: 2,200m in diameter (2) maximum depth: 4m in diameter to 30m in diameter: 2,200m in diameter (2) maximum depth: 2,200m in diameter;

3. Work table table table (1) table table: Not less than 500km wide 4,500m x vertical length 3,000m (2) load: not less than 50,000km.

4. Tank water storage (1) 3,000 litres: 3,000 litres (2) pumps 1): 2-et (BTA flow: 250 litres/mination x 200 litres/min pressure;

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