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(영문) 서울고등법원 2017.01.13 2016나2606
대금반환
Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

Reasons

1. Basic facts

A. On June 23, 2011, the Plaintiff, a Chinese company, entered into a contract with the Defendant for the production of a master automatic assembly facility (hereinafter “instant facility”) (hereinafter “instant contract”). The main contents are as follows.

Article 1 (Purpose) The purpose of this Agreement is to clarify the mutual rights and obligations between the Plaintiff and the Defendant in the production of the instant facilities and to ensure the successful production of the said facilities in accordance with the principle of good faith.

Provided, That in order to reduce the unit price due to the cost of the production of facilities, the defendant shall be responsible for the technical part (design part), and the assembly and trial operation part of finished product business trip shall be dispatched from the side of the defendant to be handled under the responsibility until the completion thereof.

The expected amount other than the expected amount shall be dealt with under the responsibility of the Ksisi Doner (the plaintiff's domestic corporation).

The plaintiff shall bear the departure equipment only three times, and the other travel fees shall be borne by the defendant.

Article 2 (Terms of Contracts)

(a) Facility name: The purpose of this case is to cooperate with the design part of the facility of this case and technical support for the production of the facility in China until completion of the plan.

(b) Production period: July 1, 2011 to September 20, 2011 (it may be somewhat changed depending on Chinese circumstances);

(c) Date of delivery: July 25, 201;

(f) Contents of production: Technical data, such as specifications and drawings, about which consultation has been held, and technical data, including operating manuals, and the production to China of Article 3 (Price Payment), Korea shall, in principle, amount equivalent to royalties;

(a) Contract deposit: 5,00,000 won shall be paid in cash on June 23, 2011;

(b) Balance: 5,00,000 won shall be paid within two days after a trial run is completed in cash; and

Article 5 (Interim Tally Tallying and Delivery Inspection)

A. The plaintiff shall conduct an interim inspection in the presence of the defendant's technician as necessary, and the defendant shall comply with it.

B. After completing the construction of contract goods at the place designated by the Plaintiff at the place designated by the Plaintiff, the inspector designated by the Plaintiff conducts an examination within five days and there is no error in the construction trial.

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