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(영문) 부산지방법원 2019.02.13 2016가합40838

부당이득금

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Basic Facts

The plaintiff is a company that mainly aims at shipbuilding, remodeling, etc. of a ship, and the defendant is a shipbuilding machinery company that manufactures vessel parts, such as hatch cover and cargo in a ship, to protect from external environment, such as snow, rain, etc. (a steel structure installed on the top of a ship).

Article 1:Contract Goods and Goods

1. Name: HATCH COVE SETS - Box Type

2. Number of supply: 8VSs: Contract amount and terms and conditions of payment;

1. Contract amount: USD 1,000,000 in total,000 / USD 1,0000,000; and

2. Terms and conditions of payment;

(a) Ten percent of the contract amount: USD 10,000,000 - Payment within one month after submission of securities for advance payment guarantee of Eul;

(b) 10% of the contract amount: USD 10,000,000 - Article 3 of the payment period and delivery conditions after the submission of securities for advance payment guarantee by Eul;

1. No payment period: No. 2 E on the date of payment of election number 2 E on November 30, 2010, G 3F on January 21, 201: Cancellation of a contract.

3. If this contract is terminated due to reasons attributable to B, B shall return all the retainers paid from A (including advance payments) and shall pay 10% of the contract amount in cash as penalty, and where damage exceeds the penalty, A may claim damages for such portion.

Provided, That the sum of penalty and damages shall not exceed 30% of the contract amount.

4.The 10% of the contract amount shall be paid to B in cash even when the contract is terminated due to reasons attributable to A, and the compensation for damages arising from the process Jindo shall be paid in consultation with A and B, and the sum of penalty and the compensation for damages shall not exceed 30% of the contract amount.

On August 14, 2008, the Plaintiff changed the trade name of the Defendant (the trade name at that time was “C,” which was “C,” and the trade name on January 11, 201, to “D,” and the contract amount for the Plaintiff as to the Defendant (a merger with the Defendant on December 31, 2015) and the hacker who will be loaded on the bed on the bed ship is the contract amount per one U.S. dollars 1,182.