(영문) 부산지방법원동부지원 2020.01.14 2018가단210128

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(영문) 부산지방법원동부지원 2020.01.14 2018가단210128

물품대금

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1. As to the Plaintiff KRW 39,065,051 and KRW 14,00,00 among them, the Defendant shall pay to the Plaintiff KRW 16,80,000 from August 24, 2017.

Reasons

1. Facts of recognition;

A. On August 16, 2017, the Plaintiff entered into a contract with the Defendant for the production and supply of a gold-type one (hereinafter “instant contract”) with which the Defendant simultaneously produces the Plaintiff, ① 10m, 20m, 25m, 30m, and 30m, the size of which is 10m, 20m, 25m, and 30m, the size of which is 10m, 20m, 25m, and 30m, both of which are 10m, 20m, 25m, and 30m, respectively (hereinafter “the instant contract”).

The Plaintiff was scheduled to manufacture the product of “the cablegland (the equipment to fix cables so as not to leave or enter foreign substances, such as water and dust,”)” in the same specification as the plugg and spathy of the same specification.

The main contents of the instant contract are as follows.

2. Goods subject to delivery conditions between August 16, 201 and September 22, 2017, the contract amount of value-added tax of 28,000,000 won 2,80,000 won x 1/1,000 of the contract amount of the penalty for delay x the delivery period of the number of delayed days x the goods subject to delivery conditions, electronic CAD Fils, and gold storage certificates;

6.The initial costs of gold-type production under the special agreement shall be borne by Gap (referring to the plaintiff; hereinafter the same shall apply) and the durability shall be 200,00 Shot, and the Mamo or damage due to its use shall be borne by Eul (referring to the defendant; hereinafter the same shall apply).

Provided, That it shall be borne by the producer of the vessel with respect to the paralysis or damage caused by the failure of the producer, not by the volume of the gold production.

Article 5 [Standard] of the General Terms and Conditions of the Manufacture Entrustment Contract (Standard) (1) All goods shall conform to the standards set forth in drawings, design drawings and specifications, etc., and shall conform to the requirements of relevant laws and regulations (including the matters to be permitted) and conform to the purpose of the manufacture entrustment.

(2) Where the standards under the contract are not specified, goods which conform to the commercial customs, technical feasibility, manufacturing entrustment standards, etc. shall be made to conform to the objectives of this contract.

§ 19. Contracts

유사 판례

-부산지방법원동부지원 2020.01.14 2018가단210128

-서울중앙지방법원 2018.10.04 2018가단5086357

-대전지방법원 홍성지원 2014.04.18 2014고정64

-서울고등법원 2019.05.10 2019노23

-서울중앙지방법원 2010.07.22 2010가합1956