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(영문) 의정부지방법원 2016.12.01 2016가단106643
계약금반환
Text

1. The plaintiff (Counterclaim defendant)'s main claim and the defendant (Counterclaim plaintiff)'s counterclaim are all dismissed.

2. Of the costs of lawsuit.

Reasons

1. Basic facts

A. The status of the party is that the Plaintiff is engaged in the business of processing salt, etc. and supplying them to the original body with the trade name of “B,” and the Defendant is engaged in the business of manufacturing and selling machinery and parts.

(b) Article 2 of the Rawls Manufacture Agreement prior to the conclusion of a contract for manufacturing and supplying machinery (the name and standard of the product);

1.In accordance with this Agreement, the pre-use roller presses to be supplied by B to B are as follows, and the details are as follows:

Article 3 (Supply and Approval of Products)

1. Eul shall complete the production of gold punishment by the scheduled date for delivery completion as stipulated in Section 2 of this Agreement and deliver it to the staff of Gap or to the person designated by Gap at the place designated by Gap;

2. A shall be deemed to have obtained approval for manufacture by accepting products made under paragraph (1) and by delivering a letter of approval for parts after measuring measurements and external features, etc. have been inspected.

3. As a result of the inspection under paragraph (2), with respect to the details of failure notification made by A according to the results, a person shall immediately recover them at his/her own expense, and request A to renew approval by supplementing such failure details.

This Article shall also apply to renewed approval.

Article 4 【Non-Prohibition】

1.A shall pay to B the total contract amount of KRW 29,00,000,000 under the following terms:

2.The down payment shall be paid to B for 50% of the contract amount at the time of conclusion of the contract.

3. The balance shall be paid to B at the time of passing the test process of Party B after the completion of the press production of Party B.

Article 7 [Defect Repair of Defects] B, after completion of the supply of the heat presses, shall repair and replace the presses parts with other normal parts or make them available normally at their own responsibilities and costs, if problems arise in normal operation before the completion of lifespans specified in Paragraph 1 of Article 2.

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