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(영문) 수원지방법원 2020.02.06 2018가단546531
손해배상(기)
Text

1. As to KRW 60,645,00 among the Plaintiff’s KRW 51,315,00 and KRW 51,315,00, the Defendant shall pay to the Plaintiff the remainder of KRW 9,330,00.

Reasons

1. Facts of recognition;

A. The Plaintiff is a company that manufactures the OLD MASK FRME, and the Defendant is a personal business entity that engages in the business of designing the structure in the name of C.

B. On September 4, 2017, the Plaintiff entered into a contract with the Plaintiff on the provision of the Radrying machinery necessary for carrying out melting melting operations, which is a Korean agent of Germany, (hereinafter “instant machinery”), as of March 4, 2018, with the sales proceeds of KRW 363 million, and the payment period as of March 4, 2018.

At the time of the above contract, E agreed to provide the Plaintiff with guidance and training for the general operation including technical problems in relation to the supply of the instant machinery.

C. On September 4, 2017, the Plaintiff came to know of the Defendant through the introduction of E, and entered into a contract with the Defendant to manufacture and supply the rashing design (hereinafter referred to as “instant contract”) which is an automation facility to control the operation and location of the laping radrrrr by setting the delivery period as at February 21, 2018, with the Defendant’s total contract amounting to KRW 93,30,000 (Additional No. Supplement).

Some of the terms of the instant contract are as follows.

Article 3 (Details and Scope of Contracts) (2) Installation, inspection, and user education shall be conducted at a place installed by the Plaintiff. Article 4 (Period of Delivery and Delivery) (1) The Defendant is a condition under which the subject matter of the contract is shipped out and delivered to the Plaintiff within February 21, 2018 by mutual agreement with the Plaintiff, and the contents of all the contracts under Article 3 shall be completed immediately after the completion of the installation.

3) However, the schedule may be adjusted by mutual agreement between the Plaintiff and the Defendant. Article 6(1) of the Act provides that the Plaintiff shall examine the subject matter of a contract within seven days after the delivery of the leased object and, if any, notify the Defendant without delay.

2. The defendant.

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