손해배상 청구
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The status of the Plaintiff is a company with the objective of the main manufacture, export and import business, etc., and the Defendant (formerly: Company B) is a company with the purpose of textile sales business.
B. On May 30, 2016, the Plaintiff entered into a contract with the Defendant to purchase all assistive facilities, equipment, etc. (hereinafter “instant production facilities, etc.”) related to production in the D plant located in Chungcheongnam-si (hereinafter “instant sales contract”) USD 3,763,200 (hereinafter “instant sales contract”). The main content of the contract is as follows.
The purpose of this Agreement is to provide for matters necessary for Gap (the defendant) to sell to Eul (the plaintiff) the subject matter of sale prescribed in Article 2 (hereinafter referred to as "subject matter of this Agreement") as provided for in this Agreement and to purchase them.
Article 2 Subject Matter of Sale
(a) the current status of the production facilities in Defendant D Factory (C) and all auxiliary facilities and devices related to production, including, in detail, the following:
2. All POWER & CONTRAL CABLE, and electricity-related transformer/markets;
3. All facilities and equipment related to the preservation of electricity and official business within the factory;
4. Facilities and equipment and related equipment and materials, including Cot andarding and Mounit M/C;
5.The unit price of 37,632 p.m. for the sale of the goods under this Agreement shall be USD 100/p. Total USD 3,763,200 (VAT separate), and Eul shall pay the sale price prescribed in this Article to Gap, as follows:
Section 3,763,200 converted into US$3,763,200 and paid in installments at the time of each shipment, the balance of US$3,386,320 10 per cent of the advance payment.
1. B pays 10% of the total contract amount as of July 7, 2016 (the final revision was made as of July 7, 2016) to Gap’s account after the execution of this Agreement, and Gap pays 3.0% of the contract performance guarantee to Eul.