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(영문) 인천지방법원 부천지원 2021.02.19 2019가합104005
손해배상(기)
Text

1. Defendant B’s ratio of KRW 300,55,448 to KRW 12% per annum from October 2, 2019 to the date of full payment.

Reasons

1. Basic facts

A. The Plaintiff is a person engaged in the business of manufacturing electronic components with the trade name of D, and Defendant B is a person who engages in the business of manufacturing synthetic resin with the trade name of “E” by borrowing the name of the representative from Defendant C.

Defendant C is a person who worked as the factory site of E operated by Defendant B and lends the name of the representative to Defendant B.

B. On October 21, 2016, the Plaintiff concluded a basic contract for birth with Defendant B, who borrowed the name of Defendant C (hereinafter “instant basic contract”). Of the descriptions of the instant basic contract, the part related to the issues of the instant case is as follows.

A purchaser (A) of a basic contract for production of resignation: Defendant C Supplier (B): The Plaintiff’s two parties agree upon and conclude this contract with each of the following provisions:

Article 1 (Indication of Manufacturing and Supply Machinery) The kinds, quantities and amounts of machinery to be produced and supplied to the designated place A shall be as follows:

Item No. 2(1) of the 1EA 1EA 700,000 to 800,000 to 600 to 700,000 to 700,000 to 700,000 to 100,000 to 6,000 to 6,000 to 6,000 to 1) of the name description size per month, the amount of goods manufactured and processed shall be paid in cash on the last day of the following month after the last day of each month when the last day of the month is issued a tax invoice.

Article 3 (Period of Payment, Quality, and Delivery Place) (1) A shall deliver the product to the designated place of A within the payment period after receiving the order of withdrawal.

(2) Product and quality shall meet the requirements of Party A and maintain the level of quality approved.

(3) The liability with respect to the installation of the above launching machine shall be limited to B, and the quantity shall be ensured that the operating rate of the launching machine is more than 90 per cent (90%) under the responsibility of A.

(4) The rate of operation of the launching machine is within 50 per cent (50 per cent/months) due to a significant shortage of quantity stock, and at the time of the occurrence of basic expenses, Eul shall claim the cost after the childbirth, and Gap shall appropriate the cost.

(5) the delivery of goods.

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