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(영문) 인천지방법원부천지원 2016.04.27 2015가합103295
손해배상(기)
Text

1. The Defendant’s KRW 106,700,000 for the Plaintiff and 5% per annum from October 23, 2015 to April 27, 2016.

Reasons

1. Facts of recognition;

A. Conclusion of a production supply contract between the Plaintiff and the Defendant

1. Details of the contract;

(a) Name of contract products: Manufacturing of typiles, melting, and rupture facilities for fountains;

(b) Quantity: One set;

(c) Contract amount: 110,000,000 won (excluding value-added tax);

(d) Place of delivery: Plaintiff’s B factory;

(e) Pharmacopoeia: October 14, 2014: Scheduled date: February 3, 2015: h: h: February 3, 2015;

Date of completion of trial operation: February 11, 2015; The method of payment;

(a)the payment shall be made in installments (40 per cent), part payments (30 per cent), and balance (30 per cent);

- Total down payment: 110,000,000 won (excluding value-added tax) - Advance payment: 44,000,000 won (excluding value-added tax, cash), part payment: 33,000,000 won (excluding value-added tax, cash), - Balance: 33,000,000 won (excluding value-added tax, cash);

(b)The time of the payment of the intermediate payment shall not exceed 60 days after the date of the contract and shall not exceed 10 days after the examination at the factory owned by the defendant at the time of completion of production process by at least 50 per cent;

C. The remaining payment date shall be the date of the Plaintiff’s regular resolution if it is deemed that there is no error after completion of the trial run and completion of the procedure “4. Balance Claim” in the contract at the factory owned by the Plaintiff.

6. A prosecutor;

A. During the manufacturing period of this contract machinery, the plaintiff may dispatch an agent or inspector designated by the plaintiff to the defendant's factory from time to time to time to conduct an interim inspection, and the defendant cooperates with it

B. The final prosecutor shall be jointly present at the meeting of the Plaintiff and the Defendant.

D. A tallyman shall conduct a tallyman and issue a certificate of tallyman shall be issued in accordance with the tallyman’s Schedule. In the event of failure, the Defendant is obligated to repair or re-production in accordance with the direction of the Plaintiff. 8. The termination of the contract may notify the Defendant of the termination of the contract in the following cases:

(a) Where re-production is impossible within the payment period because it is different from the detailed statement of contract machinery; and

(c) When the payment period has been delayed for not less than 30 days without any reasons attributable to the plaintiff;

9. Penalty for termination of a contract;

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