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(영문) 수원지방법원 2016.05.24 2012가단96508
구상금
Text

1. The Defendant’s annual period from November 15, 2012 to December 21, 2012, as to KRW 34,868,646 among the Plaintiff and KRW 34,800,000 among them.

Reasons

1. Basic facts

A. On January 25, 2012, the Defendant entered into a contract with the Cochip Cochip Co., Ltd. (hereinafter “Cochip”) for the Defendant to manufacture and supply one set of reagents (hereinafter “Cochip”) with the Cochip (hereinafter “Cochip”). The main contents of the supply contract are as follows.

Standard: The amount to be 58 million won in the specifications of the goods under the attached Form: An advance of KRW 17.4 million shall be paid at the time of the contract, and the intermediate payment of KRW 17.4 million shall be paid at the time of the fulfillment of the interim inspection condition (the interim inspection shall be conducted at the expiration of 40 days after the contract is concluded and the intermediate payment shall be paid at the time of fulfillment of the inspection condition), and the remainder shall be paid at the time of fulfillment of the inspection condition set by the Cchips after the completion of the trial at the place of delivery of the agreed goods.

(Final Examination shall be conducted one month after completion and the balance shall be paid if there is no defect). Period of contract: From January 25, 2012 to April 8, 2012, the defendant shall complete installation and trial operation by strictly performing the date determined in accordance with the details of the contract goods.

The goods supplied shall conform to the quality and standard specified in the agreement and the decision shall be made by the inspector designated by the Cochips.

The Cochips may be cancelled on the following grounds, and may be cancelled on the basis of an agreement between the Cochips and the defendant:

(1) When the details of goods are different from the agreed matters, ② When the defendant is unable to pay in full within the payment period, ③ when the cochips are recognized that the defendant would be unable to perform this Agreement, ④ when the defendant violates the whole or part of the contents of this Agreement, the defendant must improve the pressure exit system or make new production at the defendant’s expense within a maximum of seven days at the time when the equipment does not work normally due to the occurrence of problems in the quality and function of the trial operation.

However, if the requested time exceeds the time, the defendant.

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