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(영문) 서울남부지방법원 2016.05.18 2016가단7429
손해배상(기)
Text

The defendant shall pay 8,00,000 won to the plaintiff and 6% per annum from January 29, 2016 to May 18, 2016 and the next day.

Reasons

Facts of recognition

On November 4, 2015, the Plaintiff (mutually: C) entered into a sales contract for the goods to purchase from Defendant (mutually: D) one washing machine (hereinafter “instant washing machine”) to supply the goods to a State agency. The main contents are as follows:

(hereinafter “The instant sales contract.” Amount: 14,300,000 won: The payment period: 8,000,000 won for the down payment (in the event of a contract) on December 18, 2015, the remainder 6,300,000 won for the goods to be supplied (the size of the goods to be supplied after delivery shall meet the publicly notified price E for the country’s publication number, and the inspection of the end-user institution and the confirmation of passing the inspection shall be delivered to the Plaintiff at the time of delivery.

Matters of Basic Agreement

3. The Defendant compensates the Plaintiff for three times the down payment which was already paid at the time of termination of the contract, as a penalty.

(hereinafter “instant penalty clause”). 4. When cancelling a contract, the total amount of the money received by the Defendant shall be immediately returned to the Plaintiff due to restitution.

5. The penalty for delay shall be 3/100 of the total amount at the time of delay per day, and shall be offset against any balance.

6. The plaintiff may cancel the contract immediately upon the expiration of the above payment period without a separate peremptory notice to the defendant.

7. The defendant shall pay additional damages to the plaintiff (including the plaintiff's customer) in addition to the penalty prescribed in the above 3 when the second damage occurred to the plaintiff due to the defendant's fault.

On November 6, 2015, the Defendant issued a performance guarantee insurance policy of KRW 8,00,000 as the purchase amount of insurance (hereinafter “instant insurance”) from the Seoul Guarantee Insurance Co., Ltd. (hereinafter “Seoul Guarantee Insurance Co., Ltd.”) to the Plaintiff (hereinafter “instant insurance”).

On November 9, 2015, the Plaintiff entered into a goods contract with the Korea Rural Development Institute, which is the ordering authority, to deliver the instant washing machine and the instant type 4 to December 29, 2015, and paid down payment of KRW 8,000,000 to the Defendant on November 10, 2015.

The Defendant’s instant case through an importer on November 24, 2015.

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