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(영문) 의정부지방법원 2018.10.24 2017나213655
손해배상금 등
Text

1. Of the part concerning the principal lawsuit in the judgment of the court of first instance, the Defendant (Counterclaim Plaintiff) that exceeds the following amount ordered to pay.

Reasons

1. The scope of the judgment of the court of first instance accepted the Plaintiff’s claim on the merits and dismissed the Defendant’s claim on the counterclaim. Accordingly, the Defendant appealed only to the part of the claim on the merits of the judgment of first instance, and the scope of the judgment of this court is limited to the part of the claim on the merits

2. Facts of recognition;

A. The Plaintiff entered into a contract for the supply of goods with the content that the Plaintiff shall deliver 2,400 automatic acids to B (hereinafter “demanding Agency”).

B. On January 5, 2016, the Plaintiff entered into a purchase contract with the Defendant to be supplied with KRW 26,400,000 with the third short-term electronic e-mail 2,400,000 until February 25, 2016 in order to implement the said goods supply contract.

(hereinafter “instant contract”). The main contents of the instant contract are as follows.

The name of the agreed goods: The three-dimensional electronic e-mail, model name: the special items to be supplied: The size of the goods to be supplied shall satisfy the specifications publicly notified by the 3th electronic e-mail, the national flag notice number C, and shall deliver the certificate of passing the inspection by the procuring entity to the Plaintiff after the delivery.

Contract deposit for the payment of goods: 8,00,000 won, cash intermediate payment in the event of a contract: 5,500,000 won, and cash balance before delivery: 12,90,000 won, and cash delivery place before delivery at the time of delivery at the time of delivery: The designated place of the Plaintiff (the designated place of the demanding agency, the location of Sungnam City D)

7. When the plaintiff (including the plaintiff's supplier) fails to pass an inspection, the defendant shall re-supply it;

8. In the event of the occurrence of the secondary costs associated with this Agreement, all of the charges shall be borne by the Defendant.

9. The defendant shall pay additional damages to the plaintiff (including the plaintiff's customer) in addition to the penalty for breach of contract when the second damage occurred due to the defendant's fault.

C. On March 31, 2016, the Defendant supplied 2,400 U.S. goods to an end-user institution according to the instant contract, and received the full amount of the goods.

A procuring entity supplied the Defendant around October 2016.

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