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(영문) 청주지방법원 2020.10.07 2019가합13343
약정금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a legal entity that provides consulting and establishment services on the integration of computer systems with the trade name of “C”, and the Defendant is a legal entity that aims to develop, manufacture, produce, and distribute software.

B. On September 4, 2017, the Plaintiff and the Defendant concluded a contract for the supply of products (hereinafter “instant contract”) that includes the following.

A product supply contract (hereinafter referred to as "A") and the defendant (hereinafter referred to as "B") enter into a contract for the supply of DNA content system products as follows:

Article 2(Definitions) In this Agreement the term “goods” shall be defined as “E” and “observers” products.

Article 3 (Period of Contract) (1) The project and the period of this contract shall be from September 1, 2017 to December 8, 2017, and the detailed schedule shall be defined as “project Schedule 4. Business Schedule” in accordance with the bilateral agreement: Provided, That if necessary for the circumstances of “A” or “B”, the contract period may be adjusted through the mutual agreement of both companies, and even before the expiration of the contract, “B” may be made available for early withdrawal under the prior consent of “A” if the examination of “system” is completed. Article 4 (Subject Matter and Amount of the Contract). The total contract amount under Article 4 (7). The total contract amount under Article 8 (240,00,000,000 Additional sheet No. 240,000) Article 8 (Inspection of Goods and Compensation) (1) shall be delivered to the designated place and the delivery of the goods may be delayed after the delivery of the goods to “A” and the delivery of the goods in excess of the supply period of “10.5”

Provided, That the same shall not apply where the schedule is adjusted under the agreement between "A" and "B", and the delayed compensation shall not exceed the total contract amount.

C. Co., Ltd. D.

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