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(영문) 서울중앙지방법원 2018.08.31 2017나47405
손해배상(기)
Text

1. Of the principal lawsuit in the judgment of the court of first instance, the part against the Defendant (Counterclaim Plaintiff) that exceeds the amount ordered to pay below.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The reasons for this part are as follows: (a) the court’s failure to use the designated material in the process of the Defendant’s production are as indicated in the “1. Basic Facts” in the judgment of the first instance except for the addition of the following parts, and thus, (b) pursuant to the main sentence of Article 420 of the Civil Procedure Act, this part shall be cited pursuant to the main sentence of Article 420 of the Civil Procedure Act.

B. The following is added to the portion added to the judgment of the court of first instance No. 5, No. 10 (hereinafter “the first instance judgment”). The main contents of the instant contract are as follows:

Article 5 (Time Limit of Delivery)

1. B shall clearly present the delivery deadline when submitting a written estimate to receive the order of Party A, and shall supply the product in compliance with the date of the proposed payment period;

2. B Where it is impossible to observe the date of payment due to work process, it shall be notified immediately to A.

3. A may determine the second payment period in consultation with B when it is deemed that the grounds for B’s failure to observe the payment period are justifiable.

4. If Party B fails to comply with the second payment period after the date set for Party A and the second payment period, Party A shall apply Party B with the following terms:

1) 2% of the remaining amount within 30 days after the second due date after the second due date of payment shall be determined by 0%) 2%) 3% of the remaining amount within 30 days after the second due date of payment. Article 8 (Contract Deposit)

1. A shall pay in cash the down payment of 30% of the total ordered amount in the case of ordering products; and

2. Where the order is cancelled due to the negligence of Eul, Eul shall compensate for the amount paid as down payment by Eul within five days, and where there has been any product already manufactured, Eul may require Eul to discard or immediately return the product.

3. If the production is deferred or cancelled due to the negligence of Party A, Party B may not return the down payment to Party A, and arising therefrom.

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