(영문) 수원지방법원 2017.01.17 2016가단4309

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(영문) 수원지방법원 2017.01.17 2016가단4309

약정금 반환

Text

1. The Defendant’s KRW 26,051,860 for the Plaintiff and 5% per annum from January 12, 2016 to January 17, 2017.

Reasons

1. Basic facts

A. On January 27, 2012, the Defendant issued to the Plaintiff a written estimate consisting of KRW 4,180 (including value added tax) per set unit price of KRW 4,180 (including value added tax), and KRW 3,520 (including value added tax) per set of KRW 10,00 (including blood collection of KRW 10,00) with respect to the COC blood collection of KRW 10,00,00, and the foregoing written estimate’s special engineer is as follows:

1.The above-mentioned gold and packing costs shall be paid by the Defendant.

2. The cost that is registered with the Korea Food and Drug Administration (hereinafter “Korea Food and Drug Administration”) as the Plaintiff’s product named rm-K20 (or rm-K10) shall be treated as the Plaintiff’s expense.

3. 50% of the advance payment and the registration fee of the Food and Drug Administration shall be paid.

B. On February 7, 2012, the Plaintiff entered into a contract for the production and supply of PRP Kit, etc. (hereinafter “instant contract”) with the Defendant, and the main contents of the said contract are as follows.

Article 2 (Supply Products and Supply Methods)

1. The products ordered by the Plaintiff to the Defendant are limited to a new product as a standardized component with products related to PRP K, etc.

2. The plaintiff shall determine the annual quantity of supply contract and order the goods in accordance with the order stating the quantity of the goods, the place of delivery, etc. 60 days prior to the date on which the delivery of all kinds of goods is desired. The defendant shall be deemed to have approved the plaintiff's order unless the plaintiff notifies the rejection, alteration, etc. of the order within seven days from the date of receipt of the order

3. The defendant shall deliver the product to the plaintiff within 60 days from the date the plaintiff ordered the delivery. If delay in supply occurs, the defendant shall reduce 1.5/1,00 of the number of delayed days from the ordered price as liquidated damages.

Article 3 (Price of Products) The price of the Products, etc. supplied by the Defendant to the Plaintiff shall be indicated in a separate price list.

A separate product shall be subject to an additional contract through consultation.

The price list shall be the list.

1. COC 10C 10cc c. Rm-K10 unit price of 3,520 won (including value added tax) (6,000 unit price);

2.COC.

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