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(영문) 수원지방법원 2017.09.19 2016가합80836
매매대금반환
Text

1. The Defendant (Counterclaim Plaintiff) is also subject to the allocation of the list No. 1 from the Plaintiff (Counterclaim Defendant).

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On September 1, 2014, the Plaintiff entered into a contract with the Defendant (Counterclaim Defendant, hereinafter “Plaintiff”) on the manufacture, etc. of ancillary facilities between the Plaintiff (Counterclaim Plaintiff, hereinafter “Defendant”) and the Defendant-Counterclaim Plaintiff (hereinafter “Defendant”) on the following terms: (a) the Plaintiff entered into a contract with the Defendant on the manufacture, installation, and trial operation of the ancillary facilities (hereinafter “instant facilities”); and (b) the Plaintiff entered into a contract with the Defendant to contract the Defendant for the production, installation, and trial operation of the ancillary facilities (hereinafter “instant contract”).

The subject matter of the contract: The period of construction of the instant facility manufacturing, installation, and the construction site of the trial run (hereinafter referred to as the “instant site”): The 11th construction site of the Dumsan-gun, Chungcheongnam-gun: the method of paying the construction cost of KRW 585,00,000 (excluding value-added tax) on September 1, 2014 or December 30, 2014: the method of paying the construction cost of KRW 585,00 (excluding value-added tax) - the payment of the down payment of KRW 200,000: Within 10 days at the time of the contract - the intermediate payment of KRW 100,00: the payment of the intermediate payment of KRW 10,00 after the entry into the instant facility site (the completion of the trial run on December 10, 201, the issuance of tax invoices, the value-added tax, the payment of KRW 58,500,000).

B. The Defendant’s partial production and installation of the instant equipment consisting of the following. ① Cotilt 1-1. Cotilt 1-2. Un-Ctiller 1-4. Eyptor 1-6. Grostling 1-7. 1-7. Rloveter 1-8. Mloveter 1-8. Mloveter Poveler 1-8.7

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