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(영문) 인천지방법원부천지원 2014.04.02 2013가단21330
손해배상(기)
Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 12,190,00 and 6% per annum from June 29, 2012 to April 2, 2014.

Reasons

1. Basic facts

A. On December 20, 2012, the Plaintiff entered into a golf processing contract with Defendant A who operates “C” (hereinafter “instant golf processing contract”). The key contents are as follows, and Defendant B is practically managing “C.”

[Contents of the contract] Article 1 of the Defendant (Defendant A and for convenience) entrusts the Plaintiff (Plaintiff B and the Plaintiff for convenience) with the processing of another dynasium (v1, v1 x 51). The manufacturing and recycling of products according to the Defendant’s production instruction and processing instruction, and the Defendant pays the Plaintiff for processing.

Article 2 The defendant shall approve the plaintiff in cash on the last day of each month as the number of processed quantities. When the processed quantity does not exceed 30,000 per month, the defendant shall be granted subsidies to the plaintiff.

Article 5 The defendant shall place an additional order for golf painting (1 set) machinery to the plaintiff and install it in the production site by the end of February 2013.

The defendant shall transfer the painting machinery set to the plaintiff without compensation for two years.

The defendant shall transfer his office without compensation to the plaintiff for two years.

The inside of a factory (the floor, kitchen, partitions, kitchen, kitchen) shall be constructed by the plaintiff.

Article 6 The plaintiff and the defendant shall cooperate to the maximum extent possible in the progress of technical guidance in order to manufacture high-quality products by means of production instruction and other instructions.

The plaintiff and the defendant shall not receive an order to entrust the processing of products from a third party without prior consent.

Article 13. The plaintiff and the defendant violated this contract or an agreement on the trade of an individual, and when the plaintiff and the defendant receive from a third party provisional seizure, provisional disposition, seizure, etc. or application for company reorganization, composition, bankruptcy, etc. has been made by themselves or by others, they may terminate or revoke this contract and individual contract in writing.

B. Pursuant to the instant contract, the Plaintiff divided three floors from among the buildings located in the Orcheon-gu D, Busan, which was prepared by Defendant A from around that time, into one’s factory, the Defendants’ office, etc.

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