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(영문) 부산지방법원 2016.06.10 2015나44097 (1)
손해배상(기)
Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to be paid below shall be revoked.

Reasons

(c) Where the delivery is impossible within the agreed payment period;

3. If the defendant company fails to comply with Article 4, the increase or decrease of the quantity of the goods and the change of the item can be made according to the circumstances of the defendant company. If the increase or decrease does not exceed 5%, the defendant company and the plaintiff shall comply with it without separate settlement, and if the increase exceeds 5%, the settlement shall be made in accordance with the contractual unit price.

(2) Defect performance securities: The plaintiff shall submit a defect performance bond for a period of two years from the date of approval for use.

(3) Delivery period: Within 45 days from the date when the defendant company's demand (from December 15, 2012 to January 30, 2013) (4) in the case of settlement of payment through capitalization under Article 4, interest rate shall be 4.75%, and repayment terms shall be based on three-year grace and five-year redemption, and financial expenses shall be borne by the defendant company.

However, the interest exceeding 4.75% shall be borne by the plaintiff.

⑤ The Plaintiff shall make an active effort to provide energy-related financial support and provide it to the Defendant Company.

*Documents: A contract statement and one copy of an agreement on contribution to assets;

C. The Plaintiff and the Defendant Company attached to the instant contract a “statement of contract” stating the detailed details by process, and the content is as specified in Table 1 below.

1,23,460,00 23,460,467,6366,64,667,467,675,675,4686,467,465,667,465,57,467,4685,467,467,465,57,467,4685,467,467,465,467,467,465,467,467,467,467,467,467,467,467,465,467,465,467,467,467,467,57,467,465,46,57,467,467,465,46,57,46,467,57,19,2,467,2,567,2,4,2,2,00

D. Accordingly, the Plaintiff and the Defendant Company excluded the Plaintiff from air conditioners, etc. during the said new construction works.

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