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(영문) 인천지방법원 2018.06.28 2016나60983
물품대금
Text

1. Of the judgment of the court of first instance, the Plaintiff (Counterclaim Defendant) corresponding to the following amount ordered to pay the principal lawsuit.

Reasons

1. Basic facts

A. The Plaintiff is a gold-type manufacturing business company, and the Defendant is engaged in the manufacturing business, etc. with the trade name “C”.

Article 2 (Name and Specifications) (1) of the gold-type Design and Production Agreement (the name and standard of gold-type) (the name and standard of gold-type) to be designed and produced by the Plaintiff to the Defendant under this Agreement shall be as follows: The name: C [the name] design and production of the gold-type (the Opener and Long-term Capital]:

A. Details: The gold production design drawings must be inspected by the Plaintiff to the Defendant before the production of the gold model. If the Plaintiff does not undergo an examination, the instant contract is automatically terminated, and the Plaintiff must compensate the Defendant for the damages incurred therefrom.

③ Within ten (10) days from the completion of the contract, the Plaintiff shall submit to the Defendant detailed data on the use quality, heat treatment, and method by the field of gold production design drawings and gold field. If the data submitted by the Plaintiff is not in conformity with the requirements of the Defendant, the Defendant may terminate the contract.

Article 3 (Quality Inspection and Supply of Gold Paper) After the manufacture of this gold paper, the plaintiff must present the design drawings to the defendant, and have the person designated by the defendant verify quality inspection.

The plaintiff shall produce a penalty and deliver it to a place designated by the defendant.

Article 4 (Conditions Prohibition and Guarantee of Performance)

(a) Total amount: Article 5 (Penalty for Delay) (including value-added tax) shall be calculated with the Defendant for the period of contract (from June 5, 2015 to July 20, 2015) and pay the Defendant penalty for delay calculated by 3/1,000 of the total daily amount when delay occurs during the payment period, and if it is impracticable to pay the penalty for delay, an objection shall not be raised by deducting the amount equivalent to the remaining amount at the time of the Plaintiff’s payment of the remainder.

When a delay in the payment period occurs, the maximum due date shall be 30 days and the contract shall be automatically terminated, and the plaintiff shall immediately return the advance payment of KRW 23,100,000.

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