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(영문) 수원지방법원 2015.06.23 2014가합69309
물품대금
Text

1. The Defendant’s KRW 92,642,168 as well as the Plaintiff’s annual rate of KRW 6% from February 25, 2015 to June 23, 2015.

Reasons

1. Facts of recognition;

A. The Plaintiff is a company engaged in plant construction business, environmental facility construction business, or industrial damer production. The Defendant is a company that provides consulting, etc. on factory establishment, factory construction, and ordinary buildings, and B (hereinafter “B”) is a company that has its head office in Japan that produces liquid glass plates.

B. Around the end of 2010, the Defendant ordered construction of a new factory on the land of Pyeongtaek-si C, and ordered the Plaintiff to install the pollution prevention facilities and ancillary equipment among them, and referred to as “D”.

C. Around February 14, 2011, the Defendant requested the Plaintiff to conduct structural review by sending the structural drawings established by another company related to D in e-mail. B, around February 16, 201, requested the Plaintiff to submit the production specifications to the Plaintiff on or around February 24, 2011, and the Defendant sent the production specifications to the Plaintiff on or around February 22, 201, and the Defendant sent the location drawings related to the integrated equipment to the Plaintiff on or around February 22, 2011. The Plaintiff sent a written estimate to the Defendant on or around February 28, 2011, and notified the Defendant of the commencement of design and the progress of D on or around March 7, 2011 through a meeting with the Defendant and B.

1) On-site name: D2 contract amount: 1,30,00,000 won for material items and quantity (excluding value-added tax): The delivery place (4) other than the pollution prevention facilities: the installation of supply condition: the payment period: September 7, 2011: down payment condition (10% in advance, 80% in installation, trial run 10% in advance, 10% in cash / 100 in cash): Securities for advance payment (a deposit), contract bond (Exemption), 19-1 A (referring to the defendant; hereinafter the same shall apply) under Article 19 (Voluntary Termination of the Contract), Article 19 (5%, 24 months), if deemed necessary, or if requested by the project owner, and Party A may terminate this contract in writing (hereinafter the same shall apply) 10 days prior to the termination of the contract.

19-2 B aims to protect the work undertaken until the termination notice is received.

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