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(영문) 수원지방법원 평택지원 2018.08.23 2017가합11096
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a company that manufactures and produces electric equipment, etc. necessary for power generation, such as water supply, distribution, and power generation, and the Defendant is a company that operates solar power generation business.

B. On July 11, 2017, the Plaintiff and the Defendant concluded a contract on the supply of solar power plants equipment (hereinafter “instant contract”) with the content that the Plaintiff supplies equipment and materials for solar power generation systems, such as servers, water distribution teams, powder teams, monitoring systems, etc. to the Defendant.

Contracts for the supply of solar power plants equipment and materials

4. Period of delivery: From July 11, 2017 to November 30, 2017 (five months).

6. Payment: 30% of the amount - The intermediate payment of KRW 113,850,000 - The remainder payment of KRW 189,750,000 (after the completion of the supply of equipment and the installation of an electricity room) - the payment of KRW 20% of the amount (within 15 days after the pre-inspection) (within 75,900,000 under the General Conditions of the Contract, Article 4 (Contractor) (1) of the Terms of 75,90,000 under the contract and drawings, and specifications.

(2) The plaintiff shall prepare and submit a supply process schedule in accordance with the defendant's production drawings and specifications, and make, supply, and execute the supply process schedule within the contract period.

Article 7 (Representative) (1) The plaintiff shall appoint a representative and notify the defendant in writing within seven days after the conclusion of the contract.

Article 11 (Change or Suspension of Manufacture and Delivery) (1) When the defendant deems it necessary or the ordering authority requests the plaintiff to change or add the contents of production and delivery in writing.

(2) The defendant shall, at the direction of the defendant, pay increased quantities to be supplied additionally by the plaintiff through mutual consultation after settling the equivalent amount.

(3) In addition to the grounds for adjusting the contract amount provided for in Article 12, the Plaintiff may not demand to change the contract amount or refuse to deliver it on the grounds that the contract term is unsatisfy, dumping acceptance,

Article 12 (Emergency Measures) (1) The plaintiff shall prevent disasters, etc.

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