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(영문) 서울고등법원 2020.06.10 2019나2001655
계약보증금
Text

1. Of the part concerning the principal lawsuit in the judgment of the court of first instance, the Plaintiff (Counterclaim Defendant) corresponding to the following amount ordered to be paid.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Plaintiff is a stock company established for the purpose of developing electric power resources, and the Defendant is a stock company established for loading and unloading transportation machinery.

B. On January 6, 2010, the Plaintiff entered into a purchase agreement with the Defendant to be supplied with D power plants (hereinafter “D power plants”) (hereinafter “D power plants”) 3 and 4 main equipment construction in Ulsan-gun, Ulsan-gun, U.S., under construction in the main equipment construction of the 3 and 12 kinds of equipment (hereinafter “instant equipment”).

The Plaintiff and the Defendant respectively concluded the first amendment contract on May 14, 2010, the second amendment contract on July 19, 2010, and the third amendment contract on November 18, 2010, respectively.

(hereinafter referred to as “instant contract”) including both the initial contract and each modified contract.

The main contents of the contract of this case finally modified are as follows, and the main contents of the general conditions and special conditions applicable to the contract of this case are as shown in the attached Form.

The name of goods - A contract for purchasing goods: D3, 40 x 42 - Contract amount: 2,016,670,700 - Contract amount: 201,667,070 - Contract deposit: from February 15, 2010 to June 30, 2011 - the place and conditions of delivery: D2 construction - the rate of defect repair deposit - 5.0% on the spot - 36 months after the notice of acceptance: a partial adjustment rate: a contract price adjustment rate - the general conditions of goods purchase contract, special conditions of contract, particulars of goods and prices, purchase specifications, and all other terms and conditions of this contract, verify that the contractual obligations are fulfilled in good faith and in good faith on an equal footing basis, and prepare this contract documents.

The Plaintiff received the final supply of the instant equipment from the Defendant around July 1, 2011.

[Ground of Recognition] Unsatisfy, Gap Nos. 1, 2, and .

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