(영문) 서울중앙지방법원 2019.09.06 2018가합562174

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(영문) 서울중앙지방법원 2019.09.06 2018가합562174

손해배상(기)

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1. The Defendant’s KRW 4,411,466,616 among the Plaintiff and KRW 4,015,30,000 among the Plaintiff, shall be KRW 396,166,616.

Reasons

1. Basic facts

A. On August 29, 2017, the Plaintiff entered into a contract with the Defendant on the following terms (hereinafter “instant contract”) between the Defendant and the Defendant to have the Plaintiff assemble and deliver the instant facilities after designing the automated assembly manufacturer (hereinafter “instant facilities”).

Article 2. Contents 1) Contract : Total contract amount: C, D, and E 2, the Skers automated assembly: T.S. 3,400,000,000) / Additional 30% (30%) D: within 10 days after the conclusion of this contract (Won 1,020,000,000): The balance (15%) 6: Within 30 days after the date the Plaintiff recognized that all of the equipment capacity of the order specifications attached to this contract was completed (Won 510,00,000) / Additional 7) / Additional 7) The Plaintiff and the Defendant shall settle under mutual agreement when the amount of the order specifications increases or decreases (based on estimates).

A. The completion of design: Within September 30, 2017;

B. The schedule of assembly and distribution: Within September 18, 2017 to November 18, 2017

C. The shipment schedule of a manufacturer: Within November 30, 2017;

D. The time schedule for the mass operation: within 14 days of arrival of the mass plant: the Plaintiff shall support the technical part of the goods, and the Defendant shall be liable for the performance of the operation of the automatic equipment. 10) Based on the content stated in the written estimate for all expenses other than contractual goods, the Plaintiff shall pay flight charges, accommodation costs, and the excess according to the number of personnel needed for the overseas deposit business and the three business periods, and the Defendant shall bear the burden of the excess.

Provided, That the plaintiff shall bear the excess at the request of the plaintiff.

Article 3 In addition to the specifications of order for inspection of contract goods, the defendant shall not be liable for delay and additional expenses.

Article 5. The form of order attached to the plan to guarantee the performance of contractual goods shall correspond to the form of order.

Article 10 In any of the following cases, the plaintiff may terminate the contract, and this case shall be applicable:

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