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(영문) 수원지방법원 2018.11.16 2018가단515865
기타(금전)
Text

1. The plaintiff (Counterclaim defendant)'s main claim is dismissed.

2. The plaintiff (Counterclaim defendant) is about 14,000.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The plaintiff is a person who is engaged in the production, etc. of semiconductor equipment with the trade name of D, and the defendant is a company that manufactures semiconductor equipment.

B. On January 2018, the Defendant contracted for the production of DRY ETCH facilities 2SYM from Co., Ltd., and entered into a contract with the Plaintiff on January 31, 2018, stipulating that the term “DRY ETS facilities” shall be KRW 140,000,000,000, for the fixed term of subcontract among the above facilities (hereinafter “instant contract”). The main contents of the instant contract are as follows.

A contract agreement shall be concluded between the project owner C (hereinafter referred to as "A") and the contractor D (hereinafter referred to as "B") with the project owner as follows:

Article 5 (Method of Making Payments and Paying Payments)

1. Total contract amount of KRW 140 million;

2. 30% of down payment, intermediate payment 60%, remainder 10% of the amount, Article 7 (Rights)

2.A “B” shall not entrust or transfer to a third party all or part of its work in the performance of this Agreement without prior approval of “A”.

Article 8 (Indemnification)

1. “A” or “B” may claim compensation to the other party for any damage incurred by either Party due to its failure to perform its obligations under this Agreement.

2. Pursuant to Article 10, “B” shall immediately pay an amount equivalent to 10% of the contract amount to “A” as penalty upon cancellation or termination of the contract, as well as where “A”’s financial loss or emotional loss has occurred due to cancellation or termination of the contract, delay in the payment period, etc., “B” may claim damages against “B” and “B” shall agree to compensate “A” for damages.

Article 10 (Termination of Contracts)

1. “A” and “B” Parties may terminate this Agreement by giving written notice to the other party in the following cases:

One of the "A" or "B" shall be deemed to be a principal.

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