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(영문) 수원지방법원 2018.10.10 2016가합79683
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Basic Facts

The plaintiff is a company with the purpose of printing and selling the packaging paper, and the defendant is a company with the purpose of manufacturing its printing and peripheral devices.

Article 1 (General Conditions)

1. Indication of goods: The machinery of this case (detailed details are written in a separate estimate and refer to SPECIFICON);

2. Contract amount: A ten billion won worth (1,140,000,000- [Separate Table of VAT];

3. Payment method 1) The Plaintiff pays to the Defendant the daily payment of KRW 400,000,000 [Separate No.VAT] at the time of the conclusion of the contract as the down payment. 3) The payment of the remainder shall be made in the amount of KRW 50,00,000,000 [Separate 740,00,000-] after the completion of the manufacture of the machinery under this contract and after the completion of the manufacture of the machinery under this contract, the Plaintiff and the Defendant shall receive the machinery by paying the cost when they recognize that the result was good.

Article 2 (Manufacture Manufacturing) The manufacture of machinery shall be based on the design and specifications of the defendant, and the defendant shall faithfully manufacture the contracted specifications, and the plaintiff shall not re-draw it after the completion of the manufacture.

Article 3 (Inspection)

3. The final prosecutor shall conduct the work in the presence of the plaintiff and the defendant jointly, and the defendant shall have the duty to follow the plaintiff's instruction to repair or re-production.

Article 4 (Defect Guarantee) The defendant shall be liable for the warranty of defects for one year after the plaintiff taken over the goods of this Agreement, and the defendant may not be liable for the damages caused by negligence or natural disasters but may cooperate.

On April 28, 2014, the Plaintiff entered into a sales contract (hereinafter “instant contract”) with the Defendant to purchase the Defendant’s machines listed in the separate sheet (hereinafter “instant machines”).

The main contents of the instant contract are as follows.

The Plaintiff paid 400,000,000 won (excluding value-added tax) to the Defendant on the date of conclusion of the instant contract.

On September 30, 2014, the Plaintiff issued a certificate of completion of trial driving to the Defendant that the Defendant manufactured and installed the instant machinery and completed a normal trial run.

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