(영문) 대전지방법원 2020.02.05 2018가합108579

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대전지방법원 2020.02.05 2018가합108579

채무부존재확인

Text

1. Surety insurance under the surety insurance contract entered in the separate sheet against the defendant of C Co., Ltd. among the instant lawsuit.

Reasons

1. Basic facts

A. On August 22, 2017, the Plaintiff and the Defendant concluded a contract for the manufacture of machinery and software (hereinafter “instant contract”).

The purpose of this contract is the service contract between the defendant and the plaintiff to develop the products specified in the defendant's letter of request for assistance.

(1) In this contract, the Plaintiff develops products that meet all the requirements of the Defendant’s timely statement of hardware and software specifications (Attached 1).

(2) The term of the contract shall be determined by June 30, 2018.

Article 4. The Defendant shall pay the price to the Plaintiff in the following manner in accordance with the present contract:

(1) After entering into a contract, the Plaintiff shall issue a contract performance guarantee insurance to the Defendant.

(2) The sum that the Defendant is obliged to pay to the Plaintiff shall be KRW 161,834,640, including value added tax, and the sum shall be calculated, including the purchase cost, manufacturing cost, service performance cost, and all other costs of the product necessary for the development and supply of the items in Article 1 (1).

- - The FPG identity costs of KRW 64,792,640 (including value added tax) - Other service costs: KRW 97,042,00 (including value added tax): The 10% of the “FPGArrr Costs” and “other service costs” shall be paid within two business days after the receipt of the contract performance guarantee insurance.

(4) Part 1: 30% of the “other service costs” shall be paid after all designs relating to the service are completed.

(5) Part 2: After completion of the manufacture of a product, 20% of the “other service costs” shall be paid.

(6) Part 3: After the completion of the test, 20% of the “other service costs” shall be paid.

(7) Balance: After completion of the education, 20% of the “other service costs” shall be paid within two business days after the receipt of the performance warranty insurance.

(8) ADDD - Insurance: 10 per cent of the total contract amount - An advance payment guarantee insurance: 10 per cent of the payment amount - Performance warranty.

유사 판례

-부산고등법원 2016.12.07 2016나53275

-광주지방법원 2019.11.01 2019가합52275

-창원지방법원 통영지원 2017.02.02 2016가합451

-수원지방법원 2018.10.10 2016가합79683

-대전지방법원 2015.01.22 2013가합104541