beta
(영문) 서울동부지방법원 2016.04.08 2015가단119872

손해배상(기)

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On August 7, 2013, the Plaintiff, operating in Japan, entered into an export contract with the Defendant with the sprink, air conditioners, and air conditioners (hereinafter “instant contract”). The main contents of the instant contract are as follows.

[Provided, That in Articles 4 and 8, the title "A (Plaintiff) and "B (Defendant)" has been changed. The term "B" and "B" (hereinafter referred to as "B") shall enter into a contract with one another in relation to the Japanese exports of the cooling water as follows:

Article 4 (Delivery of Products) B shall request the supply of products 20 days before the scheduled date of receipt of the products, and A shall deliver the products in compliance with the payment period.

Article 5 (Payment for Price) A shall deposit the supplied product into the designated account of B in Korean currency at least seven days prior to the date of shipment after the request for the product.

VI.(Expenses for Packing paper plates, gambling rubbers and inventory)

1.A shall pay in full the costs of manufacturing packaging paper plates and gambling rubbers.

2. The costs of packaging and stuff stock shall be paid by A and the inventory cost for the minimum ordering amount shall be paid in advance.

Article 8 (Examination) A shall examine the goods taken over, and if any defect or shortage is discovered, a written notice thereof shall be given to A within three days, and if a notice is not given by the said date, the delivered goods shall be deemed to have no defect, and B shall not claim return of the goods or damages.

Article 9 (Termination of Contract Terms)

1. The period of this Agreement is from the date of the conclusion of the contract to December 31, 2013.

2. Where Party A or B has caused or is likely to cause a serious cause for which it is unable to perform its obligations under this Agreement, each other may terminate the contract by written notice.

Article 11 (Matters of Special Agreement)

1. A shall pay to B a deposit of KRW 17,150,220 for the inventory cost of the packaging inventory, stuff inventory, and the product manufactured on the main package.