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(영문) 인천지방법원부천지원 2015.12.11 2015가합100128
손해배상 등 청구
Text

1. The Plaintiff, Defendant COSP Co., Ltd., 37,215,00 won for Defendant COS and 43,740,000 won for Defendant COS and each of them.

Reasons

1. Basic facts

A. The Plaintiff as the parties is a company engaged in the manufacturing business, etc. of electrical exchange units, and Defendant COSP Co., Ltd. (hereinafter “Defendant COS”) is a company engaged in plastic pressure withdrawal and manufacture and sale of plastic products, and Defendant EEX Co., Ltd. (hereinafter “Defendant EEX”) is a company engaged in the manufacturing business of synthetic resin products.

B. On March 30, 2012, the Plaintiff and Defendant COS PSP entered into a gold supply contract with the Plaintiff and Defendant CSP entered into a gold supply contract (hereinafter “instant gold supply contract”) with the content that Defendant CSP would pay the production cost of KRW 55 million (including value-added tax; hereinafter the same shall apply) as the production cost. The details of the agreement are as follows.

Article 4 (1) The Plaintiff shall pay the gold production cost of Defendant COS in cash at the time of the conclusion of the contract. 2) The Plaintiff shall pay the remainder of the gold production cost to Defendant COSS in cash, including the product price, to the Plaintiff’s depreciation to Defendant COS. The details of (Omission) shall be as follows:

Balance of gold production costs: 25 million won

(b) Depreciation period: June 1, 2012 to May 31, 2014 (24 months);

(c) Depreciation amount: 10,00 SET/24 months (based on the quantity of goods supplied);

(e) Depreciation costs: 2,500 won/SET: Provided, That if the depreciation costs are to be completed within 24 months, the product will be supplied after excluding the depreciation costs;

Article 6 1) When repair is needed due to a defect in the production of gold papers within the life-saving period, the Defendant COS shall ensure that there is no difficulty in the supply of parts by treating repair defects under the responsibility of the Defendant COSP.

§ 7.

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