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(영문) 서울고등법원 2016.08.02 2015나2013827
물품대금
Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to be paid additionally shall be revoked.

Reasons

1. Basic facts

A. The Plaintiff and the Defendant’s business contents engage in the business of manufacturing and selling food packaging machines, the manufacturing and selling of shocking machines, etc., and the Defendant, as an unexplodeder manufacturer, supplies the unexplodeders to Japan’s large enterprises, hotels, etc.

B. On May 15, 2010, the Plaintiff entered into a contract for the supply of production facilities by the Plaintiff and the Defendant (hereinafter “instant contract”) with the Defendant to manufacture and deliver the production facilities of the raising base in KRW 800,000,000 (hereinafter “instant contract”).

The contract of this case was concluded, and the main contents of the contract of this case are as follows (Article 2 of the Terms and Conditions of Trade).

1. In accordance with this Agreement, detailed specifications for the terms and conditions necessary for the sale, such as the name, specification, etc. of the machinery that the Plaintiff sells to the Defendant shall be attached to the notice of this Agreement (DCO-09015-17R-8).

2. The defendant shall provide all relevant data, including operating manuals, etc. related to the sale under paragraph (1).

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.

4. The costs of loading and unloading, customs clearance and transportation in Japan to the place (local factory) designated by the Defendant shall be borne by the Plaintiff.

Provided, That the tax incurred at the time of customs clearance shall be borne by the defendant.

Expenses incurred in loading and unloading and transportation at the factory site shall be borne by a separate defendant.

The defendant shall provide the disease, caps, boxes, all materials, etc. used for the intra-company trial run after the completion of installation.

5. The plaintiff's accident is discovered as a result of the examination that causes a difference in specifications, etc. and damage to parts.

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