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(영문) 대전지방법원 2018.01.24 2016가합103907

매매대금반환

Text

1. The defendant shall be the plaintiff.

(a) KRW 330,00,000 and interest rate of KRW 15% per annum from July 15, 2016 to the date of complete payment.

Reasons

1. Basic facts

A. The Plaintiff is a foreign company that manufactures, distributes, and sells food waste treatment equipment. The Defendant is a company that manufactures and sells food waste treatment equipment for its business purpose.

B. On November 7, 2013, the Plaintiff entered into a contract with the Defendant for crop supply with the content that the Defendant would produce and supply meat processing waste reduction facilities to the Plaintiff.

(A) No. 2, hereinafter referred to as the “instant contract,” and the facilities produced and supplied by the Defendant under the said contract are referred to as the “facilities of this case”). The main contents of the instant contract are as follows.

The remainder of KRW 2 (Development and Product Price): KRW 330 million (including value added tax): KRW 30 million (payment at the time of conclusion of the contract): KRW 90 million (payment at the time of conclusion of the contract): KRW 30% of the remainder of KRW 90 million (payment at the time of completion of the test after production) 40%: KRW 120 million (the time of final inspection after delivery of the finished product), Article 5 (Period of Production, Installation Date, and Delay Redemption) 1) of the instant contract shall be four months from the time of conclusion of the contract.

Provided, That it may be extended by up to two months from the completion date of the production period due to the purchase of materials, extension of the test, and circumstances of B (the defendant, hereinafter the same shall apply), and in such cases, the repayment shall not be made even if it is extended by up to two months.

4) Upon the expiration of the grace period set forth in paragraph 1 above, repayment shall be 1/1,000 of the total amount of the contract per excess daily, and the total amount of repayment shall be limited to 5% or less of the total amount of the contract. Article 6 (Establishment and Management) Section 6 (2) shall, after completion of installation of on-site equipment, check whether the overall operation system has been tested and operated in the presence of Party A (Plaintiff and hereinafter the same shall apply) and check whether it has any error in operation

3) The responsibility for operation and management before the installation and final tallying of the machinery shall be B and shall be prepared to take prompt action against the mechanical operation failure, etc. up to 2,00 km per day.