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(영문) 서울중앙지방법원 2019.11.27 2017가단5176925
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Counterclaim Plaintiff.

Reasons

1. Facts of recognition;

A. On December 1, 2015, the primary product purchase contract (hereinafter “instant primary contract”): C2) transaction terms and conditions (C2) 1 attached documents are as follows.

(2) The Lessee shall place an order to the Counterclaim Defendant through a written order specifying the quantity, payment period, place of delivery, and other necessary matters, and the initial order quantity shall be 200.

3) The order and delivery ① after receipt of the order for confirmation of the Counterclaim, the Counterclaim Defendant shall deliver the product to the Counterclaim on the date and place designated by the Counterclaim. The amount equivalent to 1/1000 of the claim per day of delay shall be paid to the Counterclaim. ② The supply shall be based on 55 days ordinarily from the date of presentation of the order. ④ the annexed agreement ① the supply unit price of KRW 900,000,000,000, in total, KRW 990,000,000. ② The Counterclaim shall pay to the Counterclaim Defendant 50% and 50% amount after the product inspection is approved.

(3) The amount of the first order shall be 200 won (the total amount of 198 million won).

B. Around March 6, 2016, the second purchase agreement (hereinafter “the second purchase agreement”) was concluded at the Chinese medical device exhibition to purchase and deliver 200 additional purchase and delivery on the same condition as the same product by oral contract at the Chinese medical device exhibition.

(c).

On March 5, 2016, 201, 200, May 6, 2016, 200, May 25, 2016, 2016, 400 in total, 70/100 on May 15, 2016, on the delivery date of products by counter-defendants

(d) The amount of non-payment of the Lessee’s payment on the date of December 10, 2015, KRW 50,000,000,000 on February 6, 2016; and KRW 30,000,00 on April 11, 2016; KRW 48,424,00 on June 7, 2016; KRW 110,000 on June 28, 2016; KRW 534,00 on November 28, 2016; and KRW 396,00,000 on the aggregate of KRW 39,00,00 on December 39, 2016;

E. On November 9, 2016, the counter-defendant 1) is responsible for the costs of repairing the product of this case to the counter-defendant 1). The counter-defendant 1 is responsible for the survey, confirmation, and repair of the total quantity of defects in the 400 unit of the product of this case, which may occur in the replacement and replacement of the parts in the 40 unit of defects.

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