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Reasons
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(영문) 인천지방법원 부천지원 2018.12.21 2018가합103258
손해배상(기)
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1. The Defendant’s KRW 11,99,00 for the Plaintiff and 6% per annum from December 23, 2017 to December 21, 2018.

Reasons

1. Basic facts

A. The Plaintiff is a company with the objective of manufacturing and selling electric power equipment, and the Defendant is a company with the objective of wholesale business of industrial pipeline materials.

B. Each of the instant gold-type and product supply contracts (hereinafter “each of the instant contracts”) entered into between the Plaintiff and the Defendant on January 21, 2016, and the Defendant entered into a gold-type and product supply contract with the Defendant “A” and the Plaintiff “B” (Evidence A 1) as follows.

Article 1. Terms of Contracts

1.The gold to be produced and supplied under this Agreement shall refer to the gold punishment required for products produced or manufactured by “A”, and the specific shape and measurements shall be subject to the Schedule 1 attached to this Agreement;

2. Amount of punishment;

(a) Amount: 14,00,000 won (excluding value-added tax);

(b) “A” shall pay the price in accordance with the method of payment under Article 4 when “B” performs the conditions specified in this Agreement;

3. The production period of the gold shall be 40 days from the date of approval on the gold-type map.

4.The specific shape and dimensions of the manufacture of the product shall be in accordance with the Table 2 attached to this Agreement and the sampling of the product provided by “A”.

5. An amount of a prototype shall be paid according to the method of payment under Article 4 from the time of delivery of the prototype;

Article 2. Order and Timeline

1. “A” provides “B” with samples necessary for the production of this gold, and “B” with “A” with the modeling and gold production level presented by “A” and with the approval of “A”, shall commence the production of gold paper.

2. “B” may be produced by changing designs and stations under mutual agreement between “A” and “B” if it is inevitable to change the form of gold production.

3. “B” shall be accompanied by a quotation indicating CAVITY, unit price, etc. (MOLD BASE, CORE, etc.) or recorded in the contract;

4.The ownership of "gold" as specified in the Schedule 1 and the design of any product manufactured using it shall be the ownership.

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