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(영문) 인천지방법원 2021.02.24 2020가단249485
손해배상(기)
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

A. A company engaged in manufacturing business, etc., and the Defendant is a company engaged in the business of manufacturing racers booms, household goods, machinery parts wholesale and retail business, etc.

B. On March 1, 2019, the Plaintiff presented a design drawing to the Defendant, and sought the production cost and production cost in the case of producing softs deemed as reinforced plastic materials. On April 17, 2019, the Defendant presented a written estimate with the unit price of 11,00,000, and the visible unit price of 17,000 won to the Plaintiff.

[Written Contract for Gold Manufacturing] In preparing this gold-type and a prototype production contract, the Plaintiff refers to “A” and the Defendant “B” refers to both parties, who enter into a gold-type revision contract as follows, and implement the terms of the contract in good faith among them.

Article 1 (Supply Goods) 1) The name and quantity NO description size size size is non- high 1) the column 151 x 1100m GFRP (rest of glass fiber) location 1*11,000,000 gold-type 50% of the gold-type 50% of the supply price, including 11,000,000, VAT 12,100,000 won-type 2) other detailed matters necessary for production under paragraph 1 of this Agreement correspond to the specifications, drawings and the content of this Agreement.

3) B shall not arbitrarily alter the quantity of death, and if necessary, obtain prior approval from A.

Article 2 (Methods of Payment for Gold Manufacturing Price): 11,00,000 won, and Map 2 attached to VAT: 5,500,000 won, and Map 3 attached to VAT: The supply period of gold: 5,500,000 won, and Article 3 (Period of Supply) 1) of Map 3 attached to VAT: The scope of the supply period shall be construed as including the period of September 9, 2019 after completion of the gold production from B to the date of receipt of the notice of passing the inspection result within seven days from the date of notice of completion of B.

Article 7 (Compensation for Delay) A shall be provided for in Articles 3 and 4 due to the unilateral circumstances of B.

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