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(영문) 인천지방법원부천지원 2015.05.01 2014가단38236

손해배상(기)

Text

1. The Defendant’s KRW 24,420,00 for the Plaintiff and KRW 5% per annum from June 15, 2014 to May 1, 2015.

Reasons

1. Basic facts

A. The Plaintiff is a company that is engaged in the business of manufacturing, importing, and selling pressure punching machines, drying machines, and the Defendant is a company that is engaged in the business of manufacturing and selling steel structures and machinery, export and import business, steel structure, and machinery and equipment engineering business, etc. on or around July 2014, while engaging in steel structure and machinery manufacturing and selling business, etc., and that was concluded between the Plaintiff and the Plaintiff.

B. Around February 2014, the Plaintiff received a request from the Defendant to estimate data and estimates on machines for concurrent use of stamping and stamping, which the Plaintiff handled by the Defendant, and entered into a sales contract with the Defendant (hereinafter “the sales contract of this case”) by manufacturing and importing the machinery of this case (hereinafter “the instant machinery”) at USD 105,000, which reflects the Defendant’s demand demand demand, based on the changed terms and conditions on February 20, 2014, and sent it to the Defendant. On February 20, 2014, the Plaintiff entered into a sales contract with the Defendant (hereinafter “the sales contract of this case”).

The main contents of the instant sales contract are as follows.

Article 3 (Time Limit of Delivery) Article 4 (Place of Delivery) MSB by July 8, 2014 (75th of the Open Date of the Commercial Credit) Article 5 (Methods of Goods Payments) MSB by the Plaintiff’s Supplier shall pay the price of the goods to AMG companies as follows:

기계대금 : 이 사건 기계 공급가액의 100%를 대만 카오슝 항구 본선 인도조건( FOB Kaosiung port, Taiwan), 일람불신용장 개설(at sight L/C open) 조건으로 지불하고, 원고는 계약이행증권을 제출한다.

MSB shall pay customs funds (tariff 8%, maritime, land insurance, transportation, value added tax).

Article 6 (Transportation of Goods under Contract, Installation, and Education) Costs for transportation to the place of delivery of goods under Contract shall be borne by the plaintiff.