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(영문) 인천지방법원 2016.08.12 2015가합56457
손해배상(기)
Text

1. The Defendant’s KRW 1,015,302,80 for the Plaintiff and KRW 20% per annum from June 4, 2015 to September 30, 2015.

Reasons

1. Basic facts

A. On January 28, 2015, the Plaintiff entered into a contract for the supply of goods between the Defendant and the Defendant, who is engaged in the export/import business, etc. under the mutual name “C” (hereinafter referred to as “C”), that pays 50,000 US dollars (hereinafter referred to as “$”) totaling KRW 2.5 million, 25% of the down payment on the date of the contract, and the remainder 75% of the down payment is paid on the date of issuance of the export paper, and that the entire amount of the goods is to be supplied until April 25, 2015 (hereinafter referred to as “instant contract”). The relevant content of the instant contract is as follows.

The main contents of the instant contract, Article 2, the place of delivery prior to the place of delivery, shall be Hong Kong requested by the Plaintiff.

Article 3 The defendant shall deliver the whole amount of the order to the plaintiff by the date requested by the defendant.

Provided, That the payment period shall be determined as follows:

3-1: A development period for initial products shall be recognized as four weeks.

3-2: The manufacturing period for the supply shall be eight weeks after the initial development of the product is completed.

3-3 Initial Products are recognized as 12 weeks including the above four weeks and eight weeks, and the following order-based payment period shall be eight weeks for the Products whose development has been completed.

A natural disaster or difficulties in the production of the defendant recognized by the plaintiff shall be mutually consulted.

Article 8 In cases where the payment period of the product requested by the plaintiff exceeds the payment period without any justifiable reason, the defendant shall pay 1.5 times the down payment amount to Gap.

B. The Plaintiff paid 676,869,585 won ($ 624,995) as the down payment on the date of the contract, but the Defendant failed to deliver the ordered portion of the Board by the payment deadline.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 to 5, and Eul evidence 7, the purport of the whole pleadings

2. According to the above facts of recognition as to the cause of the claim, the defendant failed to deliver the ordering portion of the Board to the plaintiff by the due date stipulated in the contract of this case, barring any special circumstance, pursuant to Article 8 of the contract of this case.

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