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(영문) 서울남부지방법원 2014.11.18 2013가단205666
손해배상(기)
Text

1. As to the Plaintiff (Counterclaim Defendant)’s KRW 25,00,000 to the Defendant (Counterclaim Plaintiff) and its related amount, from March 30, 2013 to November 18, 2014.

Reasons

(c) Article 6 (Inspection of Products);

1. The defendant, in relation to the gold production according to the plaintiff's order, manufactures a prototype in advance and provides it to the plaintiff, and confirms the conformity of the product with the plaintiff.

2. The plaintiff shall terminate the test of a prototype within one week and instruct the defendant to revise the test and other modifications.

Article 7 [Expenses for Production of Pilot Products] All the costs incurred in the production of the defendant's prototypes shall be borne by the plaintiff.

Article 8 [Completion Products]

1. The defendant is deemed to have delivered a normal manufacture when there is no plaintiff's objection even after the test period has elapsed from the delivery date of the prototype.

Article 13 [Termination]

2.In the event that any of the following causes occurs to one of the parties, the other party shall notify the parties of the correction, specifying the period of no less than seven days, and shall, however, notify immediately of the termination of the contract when the correction is not made:

1 If one party fails to perform the obligations under this contract, 40 days after the conclusion of this contract for the payment period under a written estimate *

B. The Defendant received 20,000,000 won as the drawings for the instant gold-type production and the down payment under the instant contract.

C. After manufacturing the gold-type 4 set of this case, the Defendant provided the Plaintiff with five set of five set of prototypes of the gold-type set of this case. On November 5, 2010, the Defendant supplied the Plaintiff with 100A molds and external feet, 200A internal and external feet, and 150 taxt, respectively, using the gold type of this case.

In order to make a product by using the gold type of this case, the Defendant stored 100A and 200A sets of the gold type of this case to C, a natural rubber handler, and 300A sets of the gold type of this case, and 400A sets of the gold type of this case to D, a natural rubber handler, respectively.

E. Meanwhile, on February 2, 2012, the Plaintiff and the Defendant received the supply of goods as above from the Defendant under the title of a written pledge on the payment of the gold price, and the Plaintiff paid the payment of KRW 25,000,000 on December 31, 2012.

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