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(영문) 서울중앙지방법원 2014.12.18 2013가합88848
손해배상
Text

1. The Plaintiff:

A. Defendant A: (a) for KRW 332,846,576 and for KRW 292,158,576 among them, Defendant A shall be from February 27, 2014; and (b) for KRW 40,688.

Reasons

1. Basic facts

A. On May 18, 201, Defendant A Co., Ltd. (hereinafter “Defendant A”) entered into a vessel sales contract (hereinafter “instant vessel sales contract”) with the Plaintiff on the following terms: (a) manufacturing 4 vessels, such as two leisure boats and two towing boats (hereinafter “instant vessels”) and delivering them by July 22, 2012; and (b) Defendant B, C, and D jointly and severally guaranteed all obligations owed by Defendant A to the Plaintiff according to the instant vessel sales contract.

The vessel sales contract of this case provides that the Plaintiff may carry out the 'E 0.0% project (hereinafter referred to as the 'project') which the Plaintiff entered into with BIWA (hereinafter referred to as the 'original contract') for the performance of the contract (hereinafter referred to as the 'original contract') which the Plaintiff entered into with BIWA as a contracting party to the contract, to prepare two copies of this contract in order to verify and prove the agreement as follows, and to keep one copy after signing and signing the contract, respectively.

Article 1 (Scope of Services) Except as otherwise provided in this Agreement, Defendant A shall meet its own responsibility and responsibility with respect to the design, manufacture, installation, salvage/locked equipment, supply, preparation and delivery of technical documents as specified in the original contract, delivery, on-site preparation, trial operation, performance guarantee, third party's infringement of intellectual property rights, product liability, defect warranty and all other obligations and responsibilities relating to the implementation of projects (hereinafter collectively referred to as "services") specified in the original contract.

Article 2 (Delivery Method) Defendant A shall deliver all the goods to the Plaintiff by July 22, 2012 under the cost and responsibility of Defendant A.

The defendant A.

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