beta
(영문) 서울중앙지방법원 2017.05.25 2016가합560273

손해배상 등

Text

1. The Defendant shall pay to the Plaintiff KRW 534,00,000 and the interest rate of KRW 15% per annum from December 6, 2016 to the date of full payment.

Reasons

1. Basic facts

A. The status of the party is a legal entity established for the purpose of the business of operating the shot learning service business and the physical training facilities, and the defendant is a legal entity established for the purpose of manufacturing, processing, repairing, wholesale, retail, and export and import of various sports supplies.

B. (i) On January 13, 2016, the Plaintiff entered into a contract with the Defendant to manufacture and supply the Defendant’s basic product from January 14, 2016 to March 15, 2016, the contract amount of KRW 396,00,000,00.

B. On May 18, 2016, the Plaintiff entered into an OEM supply contract (hereinafter “instant supply contract”) with the Defendant with the following content:

1. A Party’s ordering points - Plaintiff, Supplier - Defendant

2. Manufacture of scambling, production of scambling, manufacturing of ballast scam, and manufacturing of scamblings, under the terms of contract;

3. Contract amount of KRW 519,336,260: Contract deposit of KRW 118,00,000; intermediate payment of KRW 221,00,000; and any balance of KRW 180,336,260;

4. Period of production from May 18, 2016 to June 30, 2016;

5. Production (Article 3) The defendant shall deliver and install the object of this contract at the place of supply designated by the plaintiff within the production period of this contract.

6. Compensation for delay (Article 5) if the subject matter of a contract is not supplied or installed within the construction period due to a cause attributable to the Defendant, the Plaintiff may impose on the Defendant an amount equivalent to 1.5/100 of the contract amount per each number of days delayed.

Provided, That even if the defendant bears the penalty for delay, the sum of such penalty for delay shall not exceed 10% of the principal contract amount.

7. A payment guarantee (Article 8) shall submit to the defendant a performance guarantee insurance policy for the full amount of the contract amount prior to the conclusion of the contract to guarantee the payment of the contract amount.

However, the defendant's internal guidelines are followed to the plaintiff.