(영문) 전주지방법원 2017.05.31 2015가단34422

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(영문) 전주지방법원 2017.05.31 2015가단34422

계약금반환 등

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1. The Defendant (Counterclaim Plaintiff) against the Plaintiff (Counterclaim Defendant)

A. 25,200,000 won and its related thereto from May 10, 2016 to May 31, 2017

Reasons

1. Facts of recognition;

A. The Plaintiff company as a party is a company aimed at the manufacturing business of medical and container equipment, and the Defendant company is a company that aims at the manufacturing business of electronic components.

B. 1) The original Defendant Company entered into the instant contract on January 12, 2015, and the Plaintiff Company entered the Defendant Company with Dr-Lax (hereinafter “instant product”).

upon entrustment of the production, the Defendant Company made the above product and supplied it to the Plaintiff Company (hereinafter “instant contract”).

(2) The commission contract (Evidence A; hereinafter “instant contract”) prepared at the time of the instant contract contains the following contents:

① The Plaintiff Company entrusted the manufacturing process of medical devices Dr-Lax (the instant product) to the Defendant Company, and the Defendant Company entrusted this.

(2) The Defendant Company shall perform the entrusted duties under this contract, the specifications, drawings and other books delivered by the Plaintiff Company to the Defendant Company, and the instructions of the Plaintiff Company.

(3) When the Defendant Company intends to re-contract all or part of the entrusted duties to a third party, it shall obtain prior written consent from the Plaintiff Company.

(4) The defendant company shall deliver the product of this case to the place designated by the plaintiff company within the fixed payment period.

(5) The Defendant Company shall deliver the instant product by March 3, 2015 after this Agreement and shall obtain prior approval from the Plaintiff Company.

(6) The Defendant Company shall immediately notify the Plaintiff Company of the occurrence of the risk of being unable to deliver the instant product within the payment period and shall comply with the instructions of the Plaintiff Company.

(7) The defendant company shall compensate for damages incurred by the plaintiff company due to delay in the payment period.

(Article 4(4). (8) The Plaintiff Company shall provide this case.

유사 판례

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