손해배상(기)
1. The Defendant’s KRW 50,000,000 as well as the Plaintiff’s annual rate of 5% from March 7, 2014 to June 9, 2015, and the following.
1. Facts of recognition;
A. The Plaintiff is a corporation that produces and sells organic fertilizers using food waste, and the Defendant produces and sells organic fertilizers production facilities, etc. in the name of “B”.
B. On June 20, 2013, the Defendant entered into a contract with the Plaintiff to manufacture and install automatic packaging equipment of organic fertilizers (hereinafter “instant packaging equipment”) (hereinafter “instant installation contract”), and the main contents thereof are as follows.
Article 1 (1) The subject matter of a contract: The automatic packing capacity (at least 400 km per hour, / unit 20 km) automatic packing capacity (at least 400 km per hour) / unit 20 g of the package facilities improvement project (the delivery time date / unit 20 km as indicated in the attached estimate : The delivery time date / Article 2: August 20, 2013: 67,100,000 won (the supply price of KRW 61,00,000, value-added tax of KRW 6,100,000) : (i) the payment method of Article 3: 33,50,00 won; (ii) the conclusion of a contract; (iii) the issuance of advance payment; and (iv) the issuance of an advance payment bond; and (iv) the balance: 13,420,000 won at the time of arrival of the goods site; and (v) the Defendant agree with the Plaintiff and the Defendant due to force majeure.
The amount equivalent to 3/100 shall be paid to the plaintiff in the case of a unilateral delay in delivery by the defendant.
Article 25(1) of the Civil Act provides that the plaintiff shall pay the expenses.
Article 8 (Cancellation and Termination of Contract) When the plaintiff is deemed unable to perform the contract, the defendant is clearly unable to perform the contract in light of the status of progress and objective circumstances even before the payment period.
C. On September 17, 2013, the Defendant automatically operated the Plaintiff’s factory by the sequence of individual equipment, such as an indication of an outline of process, and puts and packages organic fertilizers into the package for packaging. The individual device installed the packaging equipment of this case, such as an indication of an essential part of the design. From around that time, the Defendant installed the packaging equipment of this case.