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(영문) 창원지방법원 2014.10.22 2013가합2603
부당이득금반환 등
Text

1. The Defendant (Counterclaim Defendant) indicates to the Plaintiff (Counterclaim Defendant) the annexed drawings on the land indicated in the attached Tables 1 and 2.

Reasons

1. Basic facts

A. On April 15, 2010, the Plaintiff entered into a contract with the Defendant for the sale and purchase of wastewater treatment facilities (hereinafter “instant contract”) while engaging in a two-way business under the trade name called “B” (hereinafter “instant farm”) on each real estate listed in the separate sheet, and the main contents of the contract entered into at the time are as follows.

The plaintiff of the machine subject to Article 2 of the mechanical sale contract of machinery shall purchase and siren the wastewater treatment facilities (hereinafter referred to as "mechanic") with the daily treatment capacity of 50 tons from the defendant.

Article 3. Mechanical Costs

1. The price of machinery: 500 million won in total; and

2. (1) If livestock wastewater is normally operated in accordance with the standards for discharge (legal standards) required by the Plaintiff after the installation of a siren, the costs of disposal shall be delivered to the Plaintiff and then delivered to the Plaintiff: 16,000 won per ton of the costs of disposal and consumption necessary for the operation of machinery shall be purchased by the Plaintiff, and the period of decline shall be five years from the date of installation. (4) The daily treatment volume per ton shall be 50 tons.

(for 50 tons or less, 50 tons or less shall be paid) In the event of a violation of the above contract, the disposal costs for one year shall be paid as penalty.

3. The plaintiff can take over the machine price at all times.

Article 4 India

1. Within 60 days from the date of the contract, the defendant shall deliver the machinery to the plaintiff when the machinery was installed and operated at a place designated by the plaintiff and the machinery was normally operated and the quality of discharged water is reasonable.

2. At the time of delivery of a machine, the defendant shall deliver to the plaintiff the manual necessary for the operation and management of the machine and other related documents.

3. Since the ownership of this machine is owned by the defendant before the plaintiff takes over, legal acts such as establishment, seizure, etc. cannot be conducted, and transfer, change, sale, damage, etc. of machinery and equipment shall not be conducted without the consent of the defendant while in operation, and all responsibilities arising therefrom shall be borne by the plaintiff.

Article 5. Guarantee and Repair of Defects

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