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(영문) 수원지방법원 2018.01.11 2016가단535032

물품대금반환 등 청구의 소

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1. The Defendant (Counterclaim Plaintiff) simultaneously with the delivery of goods listed in the separate sheet from the Plaintiff (Counterclaim Defendant).

Reasons

Basic Facts

On June 9, 2015, the Plaintiff entered into a contract (production period: from July 23, 2015 to August 10, 2015 to contract the production of gold-type AB8 sets of functional container A to the Defendant (production period: KRW 90 million) with the Defendant to commercialize eco-friendly plastic disease after filing a patent application on June 9, 2015.

(hereinafter “instant contract”). The subject-matter of the instant contract is the gold penalty (hereinafter “the instant gold penalty”). The main contents of the instant contract are as follows.

Design and production of gold-types under Article 3 shall be based on the drawings and specifications determined by the plaintiff.

Provided, That it shall be determined from the date of commencement of the gold-making from the date of the lease of the product drawings.

Article 4 The total amount of 100% of the total contract amount due to the payment rate of the non-performance of the production cost 90 million won

1. When placing an order for down payment of 50% 45 million won;

2. When completion of approval of the remaining 50% of the total amount of KRW 45 million is completed, the Defendant shall supply the amount within the production period pursuant to Article 1, and, when delay is delayed, the amount of delayed compensation equivalent to 3/100 of the total contract amount shall be deducted from the amount of gold payment when delay is delayed due to the date of completion of production.

Paragraph (3) of Article 6, the defendant shall not arbitrarily design the matters or modify them without the consent of the plaintiff, and shall obtain the consent of the plaintiff when it needs to be modified.

4 The defendant shall guarantee the quality and performance of the gold model delivered by him not less than 30,000 times a year from the date of issuance of the plaintiff's certificate of examination, and shall be repaired at the defendant's expense.

Article 7 Section 7. The gold model shall coincide with the design drawings approved by the plaintiff, and the defendant shall present the result of the test inspection to the plaintiff and undergo an inspection in accordance with the plaintiff's inspection standards, and take over the gold model after passing the examination.

On August 31, 2015, the Defendant handed over the gold punishment listed in the separate sheet (hereinafter “the gold punishment of this case”) to the Plaintiff on August 31, 2015, and upon the Plaintiff’s request, the gold punishment of this case shall be imposed until the Haman on May 2016.