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(영문) 청주지방법원 2017.07.13 2016가합23448
손해배상(기)
Text

1. As to KRW 189,380,00 and KRW 170,00 among them, the Defendant shall pay to the Plaintiff KRW 189,380,000 from April 19, 2016, and KRW 19,380,00.

Reasons

1. The following facts do not conflict between the parties, or may be found in full view of the respective entries and arguments set forth in Gap evidence 2 and 5 (including each number), and there is no counter-proof.

The Plaintiff and the Defendant, on October 13, 2015, mean goods to support a walm for growing prop tree ginseng by voltageing polys of species of three (13) species.

A contract for manufacturing and supplying machinery and equipment producing B (hereinafter “instant machinery and equipment”) was concluded (hereinafter “instant contract”), and the main contents thereof are as follows:

Article 2 [Scope of Contracts and Delivery Date]

1. Design, manufacturing, installation (including remodeling and driving test), and trial operation of machinery and equipment;

2. Design, remodeling, supply (45 days): From October 13, 2015 to November 25, 2015 - Driving test, trial operation (3 days): From November 27, 2015 to November 29, 2015 - Trial operation: Article 4 [Total Amount of contract and payment methods] of inputs and by-products, such as the continuous test of all machinery and equipment, raw material inputs, output, electric consumption, water consumption, etc. from raw material inputs to production of prop-owned products.

1. Total amount of the contract: 170 million won (excluding surtax);

2. Contract deposit: Payment of the total amount of the contract, 30%, 50 million won, and down payment, simultaneously with the contract.

3. Part payments: Payment on October 30, 2015, the total amount of which is 30%, 50 million won, and 30.

4. Balance: 30% of the total contract amount per day from the expiry date for each item above, 30% of the remainder (on the completion of a trial operation) and 10% of the total amount (on the completion date of a trial operation) under Article 7 [Attachment Compensation] of the Defendant shall strictly observe the due date for manufacturing machinery and equipment, installation (including remodeling and driving test), and trial operation (including manufacturing of products under Article 8) as prescribed in Article 2(2). If the Defendant fails to comply with this, the Plaintiff may reduce the amount equivalent to 3/1,000 of the total contract amount from the expiry date for each item above as liquidated damages.

Article 8 (Production of Products)

1. The defendant is required by the plaintiff to form and produce the product.

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