(영문) 서울중앙지방법원 2017.05.24 2014가합59298

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(영문) 서울중앙지방법원 2017.05.24 2014가합59298

손해배상(기)

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1. The Plaintiff:

A. Defendant B Co., Ltd. shall be KRW 279,700,000 and its amount shall be from February 12, 2015 to the date of full payment.

Reasons

1. Basic facts

A. On January 31, 2012, the Plaintiff entered into a supply contract with Defendant B, and Defendant B entered into a supply contract with the content of delivery (hereinafter “the instant supply contract”) of the instant stage by setting the contract amount of KRW 254,040,00 (excluding value-added tax) and March 12, 2012, for the purpose of performing performance-based mobile stage (which consists of tlers, liftss, topboards, control towerers, etc.; hereinafter “the instant stage”).

Article 1 (Summary of Supply of this case)

1. Object of delivery: The completion of production and installation of a mobile stage for performing (hereinafter referred to as "products") (a separate condition of delivery of products);

2. Places of delivery: Places designated by A (the plaintiff, the same shall apply hereinafter) (the plaintiff, the same shall apply) within the limit of 56 parcels of Gyeonggi-gun, D, and D.

3. Delivery method: The transportation and installation completion to the delivery place;

4. Period of delivery: By March 12, 2012;

Article 2 (Supply of Goods) (1) B (Defendant B, hereinafter the same shall apply) shall supply the products under Article 1 to A on the payment date and at the designated place.

(2) Products supplied under this contract shall be manufactured to be easy for Gap to manipulate or utilize in the performance.

(3) Where any change in appearance occurs after the delivery of an order, B shall complete the design approval and proceed with the approved design after obtaining an agreement between the parties concerned after confirming the requirements required by A.

Article 5 (Liability of B) (1) B shall make every effort to improve the completion level of products in accordance with the terms and conditions of order by A.

(2) B shall present manuals and provide sufficient explanations to enable A to use equipment that require expertise when supplying products, etc. without difficulties, and shall promptly respond to A's request.

(3) Where Party A requests corrective measures, Party B shall take measures promptly.

(4) A product inspection is found during the product inspection period.

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