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(영문) 서울중앙지방법원 2016.12.21 2013가합537203
채무부존재확인
Text

1. As to KRW 3,409,156,300 among the Plaintiff (Counterclaim Plaintiff) and KRW 1,534,115,00,00.

Reasons

In the case below, the principal lawsuit and counterclaim shall be deemed to be filed together.

1. Basic facts

A. 1) On October 10, 2007, the Defendant received from the Korea Water Resources Corporation a supply of “construction works at the Silified Power Plant” (hereinafter “construction works at the Silified Power Plant”). On October 10, 2007, the Defendant manufactured and installed 154kV cable and accessory materials (hereinafter “instant construction works”) in order for the Plaintiff to perform the cable installation works at the 154kV transmission line underground transmission line (hereinafter “the instant construction works”) with the following contents: The construction name of the Plaintiff: 154kV cable and accessory materials (hereinafter “the instant construction works”): 154kV transmission line underground transmission line relay installation works.

2. Outline of the construction work;

(a) Sections: 154km C/S between 154km and 154km S/S;

나. 선종: 154kV 단심 XLPE 케이블 1,200㎟

(c) A line and pride: One line ¡¿ 10.865km;

(d) Posting: Section 28 of XLPE cables x one time light cable 9 x one time line (d) ;

(e) Connection;

3. Period: From December 2010 to December 201

4. Date of completion inspection: On September 30, 2010, a sales contract for goods listed in the separate sheet (hereinafter “instant contract”) was concluded.

3) The main contents of the instant contract and the purchase specifications under the instant contract are as follows (hereinafter “A” and “B” refer to the Defendant and the Plaintiff respectively.

2) [This case’s contract] Article 1(a) of this case’s contract provides that “The description, unit price, and total amount of the goods to be supplied to A shall be as follows:

1. Item name: 154kV cables and accessories other than attached materials;

2. Specifications: All kinds of statements.

3. Unit: L/S.

4. Quantity: Various kinds of statements;

5. Unit price: Various kinds of statements;

6. Contract amount: 8,190,000 won supply amount: 8,190,000,000 won: 819,00,000 won.

7. Terms and conditions of payment: Electronic bonds (pre-paid payment with a maturity of 60 days: in accordance with the terms and conditions of the payment of the original place of the project; progress payment: PRGRESS Jindo rate per month).

8. Scope of delivery: The presentation of a plan for the manufacture and supply of goods and their production drawings and obtain A’s approval within seven days from the date of conclusion of the contract for the installation map (including installation and trial operation).

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