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(영문) 인천지방법원 2020.08.21 2019가단226325
금형제작비 등
Text

Defendant (Counterclaim Plaintiff) Company B and Defendant C are jointly and severally liable to the Plaintiff (Counterclaim Defendant) for KRW 9,841,298.

Reasons

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. Facts of recognition;

A. On April 2017, the Plaintiff and the Defendant Company discussed the development and production of D (hereinafter “instant products”).

On April 28, 2017, the Plaintiff sent a development progress plan to the Defendant Company, from April 27, 2017 to June 20, 2017, to the effect that the process of developing, designing, manufacturing, and assembling the instant product can be completed. The Defendant Company requested the Plaintiff to design the instant product and manufacture a gold model.

B. On June 5, 2017, the Plaintiff and the Defendant Company entered into a gold-type production contract (hereinafter “instant contract”) with respect to the production of gold papers for the production of the instant product, and Defendant C guaranteed the Defendant Company’s obligation under the instant contract.

The main contents of the instant contract are as follows.

Article 2 (Penalty and Contract Price)

1. The Plaintiff is to design and produce the gold-type [Attachment 1] set forth in [Attachment 1] according to the drawings presented by the Defendant Company and the requirements of the Defendant Company (hereinafter “this gold-type”) and to supply this gold-type, which passed the inspection under Article 5(2), to the Defendant Company.

Items 1 Cap, Main Key 5,00,000 on June 2, 2017, 2017; 16,000,000 on a total of 3 Battery 4,000,000

2. The Defendant Company shall pay to the Plaintiff the contract amount set forth in [Attachment 2] in return for the Plaintiff’s production and delivery of this gold paper, pursuant to Article 6.

Article 3 (Submission of Final Drawings and Gold Production) 8,000,000 Advance Payments (30% of total contract amount) 4,800,000 intermediate payments (20% of total contract amount) 3,200,000 Balance (50% of total contract amount) 8,000,000,000

2. Unless the defendant company and the plaintiff agree otherwise in advance, the plaintiff must submit this gold-type design drawing in accordance with the drawings, etc. presented by the defendant company to the defendant company before commencing work and obtain the written approval of the defendant company.

Article 4 (Place of Payment and Delivery) The plaintiff shall be punished by the penalty that has passed the inspection under Article 5 (2).

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