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(영문) 수원지방법원 2017.09.14 2016나79458
손해배상(기)
Text

1. Of the parts relating to the claims on the merits of the judgment of the first instance, the following payments are exceeded.

Reasons

1. The following facts (the principal lawsuit and counterclaim together) are not disputed between the parties, or each entry in Gap evidence Nos. 2, 3, and 1 and 4 may be admitted by taking into account the whole purport of the pleadings:

The Plaintiff is a company that produces safety lighting, etc. installed in a motor vehicle and supplies it to a motor vehicle manufacturer, and the Defendant is an individual who runs a “B” business of manufacturing and assembling various machinery.

B. On January 18, 2016, the Plaintiff entered into a contract with the Defendant for the supply of machinery (hereinafter “instant contract”) with the content that the Defendant manufactures one film and painting machinery (hereinafter “instant machinery”) with safety-strings, and supplies it to the Plaintiff by March 11, 2016, and the Plaintiff shall pay 62,000,000 won to the Defendant as the price for the supply of the machinery (hereinafter “instant contract”).

Article 2 (Amount and Method of Payment) The total contract amount of 62,00,000 won (excluding value-added tax) shall be paid as follows:

1) Contract deposit: 18,600,000 won shall be paid for the total contract amount of 30% of the total contract amount at the time of conclusion of the contract. 2) The intermediate payment shall be paid 24,800,000 won equivalent to 40% of the total contract amount at the time of completion of the examination after the goods entered into the Plaintiff’s factory.

3) Balance: The balance of 30% of the contract amount is 18,600,000 won as of the end of the following month from the date of completion of machinery inspection. Article 3 (Place of Payment and Delivery) (1) The Defendant shall accept all the contract goods at the designated place of the Plaintiff within March 11, 2016 from the date of the order.

2) All expenses incurred in the delivery place shall be borne by the defendant. The costs incurred in the delivery of goods under the contract and the costs incurred in the discharge and trial operation of the goods under the contract shall be borne by the plaintiff, and the costs incurred in the installation and trial operation of the plaintiff shall be borne by the defendant. Article 5 (Compensation for Delay within the payment period stipulated in Article 3 of this Agreement)

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