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(영문) 수원지방법원평택지원 2020.11.19 2020가합119
손해배상(기)
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a company engaged in the business of manufacturing automated machines, and the Defendant is a company engaged in the manufacturing and wholesale business of electronic equipment and electronic parts.

B. On April 3, 2019, the Plaintiff and the Defendant concluded an export management service contract (hereinafter “instant export management service contract”) with the following content.

The Plaintiff and the Defendant conclude a contract with respect to the overall matters regarding export management services following export to small-scale incinerations as follows:

Article 1 (Purpose of Contract) The purpose of the contract is to provide the defendant with services of business, contract management and maintenance by incineration in the C area, and the defendant gives the plaintiff a normal acceptance of the plaintiff's incineration in the C area.

In addition, the purpose of business, contract, inland transportation, installation and inspection of products, and export management services for follow-up management for the retirement of export supply in C area.

Article 2 (Contents of Contract) (1) : Business, management, inland transportation, installation, trial operation, and inspection and management services for export : 150 days (based on the date of completion of inspection) from the date of the contract. (2) Contract amount: US$ 95,000 (based on the date of completion of inspection). (4) Payment terms: US$ 19,000 (10% of the contract performance, advance payment guarantee insurance 20% of the contract). 70% of the intermediate payment 66,50 US$ 10% of the remainder at the time of submission of the letter of guarantee issued by the Trade Insurance Corporation after exportation (at the time of submission of the letter of guarantee issued by the Trade Insurance Corporation after exportation).

Article 4 (Business Conduct Process C) The Parties and Parties involved in the export of the Area C shall undertake under the supervision of the Defendant.

The defendant examines and confirms the request of the contracting parties to the C Area export and the parties.

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