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(영문) 광주지방법원순천지원 2017.07.13 2016가합10293
보험금
Text

1. The Defendant shall pay to the Plaintiff KRW 419,10,000 and the interest rate of KRW 15% per annum from March 12, 2016 to the date of full payment.

Reasons

1. Basic facts (founded for recognition: non-satisfy, Gap evidence 1 through 8 (including paper numbers; hereinafter the same shall apply);

(i) entry in evidence Nos. 4 and 11, as well as the purport of the whole pleadings;

3.In return for the supply of equipment by suppliers and 3.1, the buyer shall pay to suppliers KRW 1,397,00,000 (purchase price) in accordance with the terms and conditions of this Agreement.

3.2. All amounts paid under this Agreement are amounts that include taxes or public charges applicable to value-added taxes.

3.3.All payments by the buyer must be transferred to the designated bank account of the supplier in Korean won.

(a)Deposit: 30 per cent of the purchase price shall be paid within 10 days after the conclusion of the contract and the submission of an advance payment.

(b) Part payments: 60 per cent of the purchase price shall be paid within 14 days after the arrival of the equipment at the site.

(c) Balance: 10 percent of the purchase price shall be paid after the completion of the operation of the equipment.

4. A performance guarantee and an advance payment guarantee supplier must set an amount equivalent to 30 per cent of the contract amount as an advance payment guarantee.

This amount must be maintained until the issuance of the final inspection of the supply equipment as a guarantee in the form of bank guarantee issued by the first-class bank in Korea or as a guarantee by the purchaser.

The advance refund guarantee shall be refunded to the supplier within ten days from the date of issuance of the final inspection letter.

12.1The buyer or supplier by either Party may, by written notification to the other Party, rescind the contract without delay in the following cases:

(i) If the other Party is deemed to become insolvent or bankrupt, or if any right is transferred for or entered the rehabilitation proceedings or bankruptcy proceedings with any ordinary creditor, or if any resolution has been passed or proceedings have been commenced or commenced for the liquidation or dissolution of any other Party (ii) is under this contract.

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