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1.The following amounts, among the parts against the principal suit of the judgment of the court of first instance, exceed the amount ordered to be paid:
Reasons
1. (1) On May 9, 201, the Plaintiff entered into a contract with the Defendant to supply and install each of the goods listed in the attached Table 1 (hereinafter “instant goods”) as indicated in the attached Table 1 (hereinafter “instant goods”), as a company engaging in industrial cooling, freezing, manufacturing and selling freezing, etc. for industrial purposes, with the Defendant, on the following terms:
Article 2 (cash Payment of KRW 14,80,00 ( Cash Dispute) (1) Payment of intermediate payment of KRW 14,800,000 (cash) on May 11, 2011. (2) Payment of KRW 31,450,00 for intermediate payment of KRW 31,450: Payment of KRW 46,250,00 on May 16, 201 ( immediately after confirmation before delivery) and payment of KRW 46,250: Delivery of goods on June 10, 201 (Simultaneous Delivery): Delivery of goods on June 10, 201: Delivery of goods at a place designated by the Defendant and at a place designated by the Defendant until May 25, 2011.
Provided, That where the trial run is delayed for not less than seven days due to the delay of all works (electric construction, pipes, buildings, and other works) taken by the defendant, the defendant shall pay the balance in lieu of the test run with the plaintiff's product performance test and letter of guarantee.
Where the manufacture of goods is delayed and the specification of goods is different from the on-site survey, the plaintiff and the defendant may modify the specification and the delivery date under an agreement between the plaintiff and the defendant.
Article 9 The plaintiff provides quality assurance services at the same time for two years from the date of delivery of goods.
(2) Around May 12, 2011, the Plaintiff delivered the instant goods to the instant marina, and the Plaintiff completed the installation of the instant goods around June 20, 201.
(3) On June 8, 201, the Plaintiff received KRW 42,500,000 in total from the Defendant, and KRW 30,000,00 in June 13, 201, and KRW 10,000 in total, as of July 1, 2011.
[Ground of recognition] Unsatisfy, Gap evidence 1, Gap.