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(영문) 인천지방법원부천지원 2016.06.15 2015가합1771

손해배상(기)

Text

1. As to the Plaintiff KRW 220,000,000 and KRW 100,000 among them, the Defendant shall pay to the Plaintiff KRW 220,000 from March 29, 2014, and KRW 100,00,000.

Reasons

1. Basic facts

A. On February 7, 2014, the Defendant, on February 7, 2014, set up a presses and supply contract form with the pressure presses of 2,00t size to C, a corporation, the representative director of which is the Plaintiff (hereinafter “instant machinery”).

(2) On March 2, 2014, the Plaintiff and the Defendant prepared and delivered a quotation (Evidence A2) to manufacture and supply the instant machinery to the Plaintiff at KRW 300,00,000 (Separate No. 300,000), and the down payment of KRW 100,000 for intermediate payment of KRW 100,000 on March 28, 2014; the remainder payment of KRW 100,000 on May 28, 2014; the remainder of KRW 100,000,000 was paid at the time of trial operation; and the instant machinery was installed at the place designated by the Plaintiff until July 30, 2014; and the Plaintiff prepared the supply contract amount of KRW 30,100,000 for the first 30,000 for the first 30,000 to the Plaintiff.

3) Meanwhile, on March 24, 2014, C and the Defendant were to manufacture and supply the instant machinery to C Co., Ltd. with the price of KRW 300,000,000 (Additional dues and hydrotensions separately), and the down payment of KRW 100,000,000 is the intermediate payment of KRW 10,000 on March 28, 2014; and the remainder of KRW 100,000,000 is paid at the time of completion of trial driving; and the instant machinery is manufactured by July 30, 2014 and is to be installed at a place designated by C Co., Ltd. (No. 1).

On the same day, the design drawings of the instant machinery prepared by the Defendant were affixed with the approval seal of C’s name.

B. The Defendant, following the Defendant’s delay in supply, failed to manufacture and supply the instant machinery by July 30, 2014, which was the original delivery deadline. The Defendant, on October 20, 2014, performed the Plaintiff’s obligation to supply the instant machinery under the contract signed between the Plaintiff and the Defendant by December 10, 2014, and at the same time, by December 10, 2014.