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(영문) 인천지방법원 2013.12.18 2012가단65309
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. The relationship between the parties (1) The plaintiff is a person who manufactures and supplies press machines, and the defendant is a person who produces a soranode valve (solenovalve) with the trade name "B".

(2) The Non-Party New Engineering Co., Ltd. (hereinafter, Nonparty Co., Ltd.) is a person who supplies the presses machine to the limited construction of the facilities of the Chain Reading Co., Ltd. in China.

B. On March 4, 2010, the Plaintiff entered into a contract for the manufacture and supply of presses with the content that the Plaintiff would supply 13 presses to the Nonparty Company for KRW 706,00,000,000, and around April 2010, the Plaintiff manufactured and installed the presses machine at the factory of the Chain LLC, located in China, which is the place designated by the Nonparty Company, at the end of April 2010.

(2) According to the above production supply contract concluded between the plaintiff and the non-party company, the non-party company pays 20% of the down payment immediately after the contract is concluded, and the plaintiff pays 50% of the intermediate payment after completing the supply of equipment by the method that the plaintiff bears all the costs and risks from loading to the ship designated by the purchaser and the delivery of the cargo on the board until the completion of the delivery on the ship, and pays 30% of the remainder after the completion of the construction and the trial of the above machinery, and pays 30% of the remainder after the completion of the inspection procedure. <2> The plaintiff is fully responsible and compensated for the safety accidents (Korean and China) that may arise in relation to the manufacture, transportation, installation, trial operation, and the construction of the goods stipulated in this contract.

(3) In manufacturing and supplying press machinery to the non-party company, the Plaintiff assembled and manufactured a valve supplied by the Defendant.

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