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(영문) 청주지방법원 2021.01.15 2018가합4069
금형대금
Text

Defendant (Counterclaim Plaintiff) shall pay 8,630,000 won to the Plaintiff (Counterclaim Defendant) and its related thereto from February 8, 2018 to January 15, 2021.

Reasons

(a) shall be settled at the end of each penalty;

Article 5 Delay Prize and Compensation 1) When this contract is terminated by Section B, Eul shall compensate for three times the total amount of the down payment, and if the contract is violated by Section A, Eul shall acquire the down payment as penalty.

2) If Eul fails to complete the payment period by the due date within four months after the deposit of down payment, it shall be paid three times as damages the total amount of the prize money and the down payment in delay from the day following the due date of payment in the event that the production of the product and the prototype has not been completed by the due date pursuant to the annexed drawings of Table 1 10,000 g/ day and 8,000 g/ day pursuant to the annexed drawings.

Article 6 Ownership of the Goods for Contract Purposes is owned by B before the expiration of the balance payment, and is reverted to A after the remainder payment.

Article 7 The warranty period for defects in the object of the warranty contract shall be treated as A/S without compensation for one year.

Provided, That this shall apply only where a defect occurs due to the reasons attributable to B.

If any cause not specified in this Agreement occurs, it shall be in accordance with general commercial practice.

*Special Agreement: The delivery and storage of water for the purposes of this Agreement and, at the same time, gold production drawings and inspection drawings shall be completed for the payment period to be supplied with CAD files and documents drawings.

* This Agreement takes effect upon payment of advance payment.

2) On November 13, 2017 and December 4, 2017, the Plaintiff produced each of the instant gold punishment and gold punishment Nos. 2, 2017, and received it from the Defendant. On December 9, 2017, the Defendant deposited KRW 20,000, which is part of the intermediate payment of KRW 25,000,000, into the Plaintiff.

(c)

Defendant 7 No. 1) On December 20, 2017, Plaintiff D’s employees operated a production test on the seven voltages (hereinafter “the instant pressureers”) owned by the Defendant, which attached the instant gold type by the Defendant Company, and carried out the production test. During that process, the instant pressureers’ sculpted of the pressureers (hereinafter “the instant accident”).

2) In order to repair the voltage of this case, the Defendant is the costs of decomposition and re-Installation of pressure air so as to repair the pressure air of this case.

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