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(영문) 서울서부지방법원 2015.05.28 2014가합7377

손해배상(기)

Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. Defendant Pluice pressescis (hereinafter “Defendant Pexex”) is a company of the United States operating an international transport business, and Defendant Pluice presses Korea Co., Ltd. (hereinafter “Defendant Pexexes Korea”) is a company of the Republic of Korea that performs the duties entrusted within the Republic of Korea of the Republic of Korea of Defendant Pexexes.

B. On July 30, 2013, the Plaintiff entered into a contract for the supply of heavy and smartphones (hereinafter “instant supply contract”) with the North Korean corporation, a Chinese company (hereinafter “North Korean corporation”). On the condition that the Plaintiff purchases the North Korean corporation (Article 2) with the North Korean corporation, the North Korean corporation would be exclusively supplied by the Plaintiff on the condition that the North Korean corporation purchases at least 1,00 vehicles per month (Article 3). The term of the contract is three years from the date of entering into the contract (Article 10), which includes the following contents.

Article 7 (Cancellation and Penalty) (1) In the event of the occurrence of any of the following causes, the plaintiff and the North Macro may rescind this contract in writing to the other party regardless of the period of contract, and the person who has violated shall pay the penalty

2. Where the goods sent by the plaintiff have not been delivered to the North beer for 15 days after the completion of delivery (excluding delay of delivery due to a natural disaster or natural disaster);

4. A person who violates any of the above subparagraphs may pay 20,000,000 won as penalty to the other party, and make a claim for judicial compensation for any separate damages caused thereby;

C. For the first implementation of the instant supply contract to deliver high-speed smartphones to China, the Plaintiff requested the Defendant to deliver high-speed aerial phone aviation services using the international unique transmission services of Defendant Pexex, on or around August 12, 2013. On or around August 21, 2013, the Plaintiff divided into two cargo and packaged high-speed 9 (hereinafter “instant cargo”).