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(영문) 청주지방법원 2016.08.26 2015가단111488

계약금 반환 등

Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a corporation that is engaged in the business of searching for and developing new functional substances using Biotex, and Defendant B is the business operator of the “C” and the Defendant A is the person who actually operates the said C.

B. On March 13, 2015, the Plaintiff drafted the Plaintiff’s “goods supply and construction contract” for the construction of warehouse of a DNA agricultural farm between Defendant A and Defendant A, who represented by Defendant B.

(hereinafter referred to as the “instant contract”)

The main contents of the above contract shall be as follows:

Article 3 The scope of the project under this Agreement shall be as follows:

(1) After purchasing all the materials following the new construction of warehouses, the defendant shall process them in conformity with the construction and supply them to the domestic places designated by the plaintiff, and both parties shall examine the quality and quantity of the materials, sign a supply confirmation form and complete delivery in the absence of any malfunction.

(2) Purchase of materials: The materials delivery shall arrive at a place designated by the plaintiff by March 1, 2015, and the transportation charge shall be borne by the defendant.

On April 3, 2015, the cargo loaded in a container transferred to D on April 3, 2015 shall be loaded after re-tallying between the Plaintiff and the Defendant.

(4) Construction works for new construction of a local warehouse: Within 30 to 60 days of arrival of materials at the site of new construction of a local warehouse D, the defendant shall complete new construction of a warehouse, and except in cases of modification of design, the problem of construction materials shall be resolved at the

Article 4 Apportionments ① Loading materials processed and assembled by the Defendant in the container in cooperation with the Plaintiff at a designated place, and the Plaintiff is in charge of delivery, and is responsible for and transported to D local arrival.

2. The defendant is liable for the new construction of a DNA farm after purchasing all materials in a state where they can be easily constructed and assembled in line with D warehouse construction.