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(영문) 부산지방법원동부지원 2016.11.23 2015가단205774
손해배상(기)
Text

1. The Defendant’s KRW 28,181,818 as well as the Plaintiff’s KRW 20% per annum from May 30, 2015 to September 30, 2015.

Reasons

1. Basic facts

A. The plaintiff is a person who runs a wholesale business of automobile parts, etc. under the trade name of C, and the defendant is a person who runs a gold-type manufacturing business under the trade name of D;

B. On June 12, 2014, the Plaintiff entered into a gold production agreement with the Defendant, along with Sampo Information and Communications Company, with the following content:

(hereinafter referred to as “instant First Agreement”). Article 2 Models: 5Wlingle Bar (total 10 kinds) no model name product value 15Wringle LEDF type amount, 10,000 won (including additional tax) for the Plaintiff and Sampo Information and Communications Co., Ltd. Article 3: (10 Wringle 21,000,000 won for total production amount of KRW 20,000,000 after the date of signing the contract; and (2) the balance of KRW 6,000,000 shall be paid to the Defendant after the completion of gold approval.

The Plaintiff and Sampo Information and Communications Co., Ltd. shall share 50% each of them, and pay the Plaintiff’s contributions to the Defendant in the name of Sampo Information and Communications Co., Ltd. for which advance payment was made, and the remainder after the completion of production shall be paid to the Defendant each of the Plaintiff and Sampo Information and Communications Co., Ltd.,

Any balance (30%): The report on the completion of the gold-type under Article 4 within 15 days after the completion of the approval of the gold-type shall be July 25, 2014, and the time of passing the inspection standards set by the plaintiff, Sampo Information and Communications and Communications and the defendant.

Provided, That in the event of problems after Try1, the third party may re-ordinate the completion schedule through consultation.

(W) The Plaintiff shall submit all documents, such as the inspection report and the gold storage certificate, to the Defendant within the payment period. Article 5 of the Plaintiff shall, if the payment period has been delayed due to the Defendant’s circumstances, file a claim with the Defendant for an amount equivalent to 3/100 of the total contract amount per delay per the Defendant, and the

(The compensation for delay may be deducted from the amount of gold production through consultation between the plaintiff and the defendant) Article 6 of the defendant, at the place determined by the plaintiff, shall conduct a gold test in accordance with the inspection criteria of the plaintiff.

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