(영문) 인천지방법원부천지원 2019.05.29 2018가단103398

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(영문) 인천지방법원부천지원 2019.05.29 2018가단103398

손해배상(기)

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1. The Defendant’s KRW 71,500,000 and its amount shall be 5% per annum from January 18, 2018 to May 29, 2019 to the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a corporation that runs the wholesale and retail business of synthetic resin products and electronic equipment, and the Defendant is a corporation that manufactures automation equipment machinery and manufactures trade business, etc.

B. On February 24, 2017, the Plaintiff entered into a contract with the Defendant for manufacturing “dex-type M/C, dex-type M/C (hereinafter “the instant machine”),” (hereinafter “instant contract”), and its main contents are as follows.

Article 1 (Purpose of Contract) The purpose of contract is to set up and supply the facilities requested by the plaintiff to the plaintiff, and to set forth the transactional relationship that the plaintiff pays the production cost to the defendant.

Article 3 (Terms of Contracts)

1. Equipment name: Dexton type M/C, Raining M/C;

2. Payment period: On April 28, 2017, the defendant shall complete the installation of the payment period at the place designated by the plaintiff within the fixed payment period.

3. Value of supply: 65,00,000 won (excluding value-added tax) down payment (50%) : 32,500,000 won (excluding value-added tax): Part payment (40%) within 10 days after concluding a contract; 26,000,000 won (excluding value-added tax) - Within 10 days after interim receipt.

1. The payment period refers to the date on which the facilities specified in the order form are installed on the defendant's responsibility at the place designated by the plaintiff.

2. The defendant shall observe the payment period set by the plaintiff, and shall not interfere with the plaintiff's production and sales activities due to the delay in the payment period.

Article 8 (Compensation for Delayed Payment)

1. If the Defendant fails to deliver within the payment period, the Plaintiff may claim damages due to delay in payment against the Defendant, and the amount equivalent to 3/1000 of the value of equipment supply per day of delay shall be deducted from the value of supply.

(except in the case of natural disasters or natural disasters) The delayed repayment shall not exceed 20% of the total down payment.

2. The payment period has not been observed due to facility repair, supplementation, remodeling work, etc. because the Plaintiff failed to meet the specifications of products required.

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