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(영문) 부산지방법원동부지원 2015.01.30 2014가합1071

손해배상(기)

Text

1. The Defendants jointly and severally agreed to the Plaintiff KRW 23,966,519, and 5% per annum from March 20, 2014 to January 30, 2015.

Reasons

1. Basic facts

A. The plaintiff is the representative of the E company, who is the representative of the F company, purchased the instant machinery from the defendant B who is in charge of the F company's representative, and the defendant C is the person who actually manufactured and installed the instant machinery.

B. On August 5, 2012, the Plaintiff entered into a contract with Defendant B to purchase the instant machinery (hereinafter “instant contract”). The main contents are as follows.

Buyer: E (hereinafter referred to as “A”) and seller F (hereinafter referred to as “B”) enter into a contract for the sale of goods as follows:

All subsidiary materials of the above products in the aggregate 153,669,799 153,669,669,799 153,669,799 and 153,669,799 of the NO's name MOEL unit price 13,000,000, shall be provided by E: Provided, That the production cost shall be 22,00,000 won.

Article 1 (Terms of Contracts) A shall purchase any object specified below from B:

(V.A.T. (Separate Payment Period): Article 3 (Time-Limit.)(1): On 15 December 2012, Article 4 (Quality Guarantee) shall be maintained immediately when there is a breakdown that occurs within 12 months after the installation of contract goods or the main functions of the goods are abnormal.

Article 5 (Cancellation of Contract and Compensation for Damages) (1) If it is deemed that the Party A is not able to perform this contract in good faith, or if it is deemed that there is little possibility of performing the contract in the process of progress, the cancellation may be cancelled upon written notice to Party A, and at this time, Party B shall return the down payment to Party A

(2) In a case where the contract is cancelled due to the circumstances of Gap, Eul shall belong to Eul the down payment based on the damages.

C. (1) Around December 2012, the Defendants began to manufacture the instant machinery at a company E company located in Kimhae-si, and completed installation around March 2013, and delivered the instant machinery to the Plaintiff.

(2) The Plaintiff shall be the Plaintiff in the case of fluor and pressure pumps used in the instant machinery.