(영문) 대전지방법원 2016.12.28 2016가단5051

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(영문) 대전지방법원 2016.12.28 2016가단5051

매매대금

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On November 21, 2013, the Defendant entered into a contract for the supply of promotional performance testing facilities with the fraternity (hereinafter “non-party company”) and limited liability company (hereinafter “non-party company”) and entered into a contract for the supply of promotion performance testing facilities (hereinafter “instant contract”) with the Plaintiff on December 3, 2013 to supply the above facilities:

1. A supplier: (2) The owner: (3) the owner; (4) the owner purchases the products contracted on behalf of the owner in accordance with the conditions set out in the contract; and the supplier shall produce and supply them to the owner, subject to the conditions set out in the said products.

(5) Product size and price: 10,000 won, 357,000,000 won, 300,0000 won, 100,000 won, 100,000 won, 200,000 won, 200,000 won, 300,000 won, 60,000 won, 60,000 won: The supplier shall submit to the project owner a letter of performance guarantee for 50% of the total contract amount, within seven days after the contract is executed.

The ordering person shall pay to suppliers an advance payment of 50% of the total contract amount within 15 days after the receipt of the said guarantee.

40% of the contract amount shall be paid if the contract amount satisfies 10 within the time from the order to the delivery of the product.

The remaining 10% shall be paid according to defective performance bond equivalent to 10% of the contract amount in force, in accordance with the provisions of Articles 14.5 and 14.5, after the installation and trial operation of the product by the owner at the site of ownership.

7. Jurisdiction and Arbitration: This contract shall be governed and interpreted in accordance with the law of the People's Republic of China in which the owner is situated.

If it is impossible to reach a resolution through negotiations, it is necessary to submit a case to the International Economic and Trade Arbitration Committee in accordance with the basic rules and procedures of the Committee for International Economic and Trade Arbitration.

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