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(영문) 인천지방법원 부천지원 2021.01.14 2019가단103166
물품대금
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. In April 2017, the Defendant entered into a contract for construction work with C Limited Corporation (hereinafter “C”) that has its main office in China as a company engaging in manufacturing and selling industrial machinery and equipment, and entered into a contract for construction work with the second electric batteries and the second diversing electric batteries.

B. On May 31, 2017, the Plaintiff and the Defendant entered into a contract with the Defendant for the supply of equipment (hereinafter “instant supply contract”) with the content that the Plaintiff would be installed in a Chinese local area and complete trial operation by manufacturing 2.64 billion won of a pen press system 12 sets, which is a part in charge of sloped function, among the secondary electric power plant and the two-way reproductive facilities (hereinafter collectively referred to as “the instant machinery”).

4. Date of delivery: Amount of contract from May 31, 2017 to August 25, 2017: 2.4 billion won (excluding value-added taxes);

6. After the installation/acquisition of a product for payment, the settlement shall be made in accordance with the settlement terms of the defendant, and the recipient shall submit a copy of the passbook to the defendant.

4) The remainder shall be supplied and installed in a state in which normal operation is possible at the place designated by the Defendant within the delivery date, where the equipment of the separate 2 estimate is supplied by the Plaintiff, within the delivery date, after the completion of the trial (a certificate of completion) and the certificate of completion of the defective performance insurance and the examination, the report of completion of the construction (the photograph site), and the regular settlement after submission of the completion document (a three-month electronic bill settlement) [Attachment 1].

Article 9 (Establishment and Delivery) The plaintiff shall manufacture contract equipment and carry them into the place designated by the defendant and complete installation by the delivery date specified in the contract.

A self-testing shall be conducted to prove the performance of the plaintiff's contract facilities, and when the performance verification is completed, the defendant shall be requested to examine it.

The defendant who was omitted shall complete the inspection in accordance with the standards for inspection set by the defendant and notify the plaintiff of the result.

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