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Reasons
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(영문) 광주지방법원 목포지원 2018.01.25 2017가합12559
손해배상(기)
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1. The Defendant’s KRW 54,516,00 for the Plaintiff and KRW 5% per annum from September 6, 2017 to January 25, 2018.

Reasons

1. Basic facts

A. The plaintiff is a corporation that runs feed manufacturing business, etc., and the defendant is a corporation that manufactures and processes machinery.

B. On December 22, 2015, the Plaintiff entered into a contract under which the Defendant would be produced and supplied with B (hereinafter “instant facilities”) at KRW 840,00,000 (excluding value-added tax) (hereinafter “instant contract”).

The main contents of the instant contract are as follows.

1. Equipment name: Equipment name: B;

2. Contract amount: 840,000,000 won (excluding value-added tax);

3. A completion payment period: Within 180 days from the date of paying the down payment.

4. Place of delivery: Designation of the plaintiff's factory or domestic plaintiff;

5. Payment method: 40% of down payment, intermediate payment 40%, balance 20% of the facility ordered by the Plaintiff (general provisions) is to be manufactured by the Defendant and to deliver, install, and complete trial operation at the place designated by the Plaintiff.

Article 3 (Payment of Contract Deposit) (1) After entering into a contract. (2) The intermediate payment shall be immediately paid after examining the manufacturing site of the manufactured facility or the construction site. (3) The balance after completion of the trial operation. (2) The defendant shall strictly observe the installation date of the delivery as stipulated in the contract. If the defendant fails to deliver or install the product after the expiration of the installation date, the amount equivalent to 1/1,000 of the total price of the contract may be offset against the balance of the liquidated damages for delay every one day from the expiration date of the plaintiff.

(3) Where construction works are deemed delayed due to any of the following causes, the number of days equivalent to the relevant days shall not be included in the number of delayed days:

(b) Where construction has been delayed or suspended due to a cause attributable to the plaintiff;

C. The Plaintiff’s payment of down payment and intermediate payment to the Defendant, KRW 203,280,00, which is part of the down payment on December 22, 2015 (including value-added tax; hereinafter the same shall apply), and KRW 166,320,00, which is the remainder of the down payment on January 15, 2016, and KRW 166,320,000, which is the remainder of the down payment

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