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(영문) 수원지방법원성남지원 2015.02.05 2012가합21870
물품대금
Text

1. As to KRW 174,645,308 among the Plaintiff and KRW 141,145,308 among the Plaintiff, the Defendant shall start on February 9, 201 and start on February 33,500.

Reasons

1. Basic facts

A. The Plaintiff is engaged in the manufacture and sales of stuffed machines, the manufacture and sales of shocked packing machines, etc., and the Defendant, as an unexplodeder manufacturer, supplies the unexplodeder to Japanese large enterprises, hotels, etc.

B. On May 15, 2010, the Plaintiff: (a) sold the UV production facility to the Defendant for KRW 800,000,000; and (b) paid the remainder of KRW 160,000,000 to the Defendant’s “within seven days after the completion of the trial for installation and operation in the factory” (hereinafter “instant contract”); and (c) the relevant content of the instant contract is as follows.

Article 3 (Conditions of Extradition)

1. The Plaintiff’s shipment after completing the manufacture within 95 days from the time of receiving the down payment.

However, the defendant's shipping after the inspection of the plaintiff's factory.

The plaintiff reports the shipment to the defendant after completion of shipment.

The plaintiff shall complete payment, installation, trial operation, and education at the place designated by the defendant.

5. As a result of an examination, the Plaintiff shall take measures, such as exchange, return, etc., if the accident is returned to the Plaintiff’s responsibility after discovering the difference in specifications, etc. and the destruction of parts.

6. In relation to paragraph 5, if the defendant suffered damage, the plaintiff must compensate all of the damage.

The lost profit shall be accounted for on the right side.

A day ¡¿ 8 hours x 4,00 bottles/hour x 50N x the number of relevant days. The plaintiff shall pay to the defendant in Japan within 30 days after the amount of damages is finalized.

(Damages) Article 7 of the Plaintiff’s damages to a third party’s life, body, or property due to a defect in the machinery supplied by the Plaintiff, the Plaintiff is liable to compensate the Defendant for such damages.

In addition, the items of Paragraph 6 of Article 3 shall apply to the damages and lost profits in the event of production damage under the above.

Article 8

1. This paper.

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