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(영문) 부산지방법원 2020.05.08 2019나45708
손해배상(기)
Text

1. Of the judgment of the court of first instance, the Plaintiff against Defendant C Co., Ltd., which falls under the following amount.

Reasons

1. Basic facts

A. Defendant C Co., Ltd. (hereinafter “Defendant Co., Ltd.”) is a corporation whose purpose is to conduct the business of manufacturing electronic parts, etc., and Defendant D is the representative director of the Defendant Co., Ltd.

B. The Plaintiff, the husband of the first instance joint Plaintiff B, was to produce and sell gas safety automobile short-term vehicles by running the same business with E.

Accordingly, around November 2015, E requested Defendant D to the contract amount of 6,000,000 won for the product design and production of gas safety short-term products and wood-type products ( Samples) (hereinafter “instant product design contract”), and Defendant D completed the product design, etc. as requested by E around May 4, 2016.

C. On May 4, 2016, the Plaintiff and B entered into a gold-type production contract with the Defendant Company (hereinafter “instant gold-type production contract”) with a view to producing gold-type for gas safety short-term products (hereinafter “the instant gold-type production contract”).

(hereinafter referred to as “A” and “B” mean the gold type necessary for the production of the gas circuit produced by “A” and the specific shape and size of “B” are subject to separate design drawings. Article 2 (Implementation of Contracts)

1. In relation to this Agreement, “B” shall be made at the place where “A” consents after notifying “A” of a gold-type factory in China.

2.A “B” must be manufactured under the responsibility of “B” without interruptions in accordance with this Agreement.

3. “B” shall ensure that a gold-free penalty is produced within 60 days after the deposit of the gold-free advance pursuant to paragraph 2 of Article III.

Article 3 (Production Cost)

1. The total cost of gold-type production under this Agreement shall be twenty million won per gold-type (Won 22,00,000,000).

(Additional Tax Rate)

2. Costs of gold production shall be paid to “A” for 50% at the time of commencement of gold production and 50% at the time of completion of gold production under Article 5.

Article 4 (Revision to Penalty) "B" shall be amended by "A" during the period of production of gold punishment.

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