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(영문) 청주지방법원충주지원 2015.02.12 2014가합3269
손해배상(기)
Text

1. The defendant shall be the plaintiff.

(a) 4,280,000 won; and

B. From October 24, 2013 to the date of full payment of the money set forth in the foregoing paragraph (a).

Reasons

1. Basic facts

A. On June 17, 2013, the Plaintiff entered into a contract to manufacture and supply 1,00 food treatment equipment for household use (hereinafter “instant contract”) with the Defendant (mutual name: Bocheon Energy Co., Ltd. at the time of the contract), and the provisions on compensation for damages due to nonperformance under the said contract are as follows.

Article 9 (Compensation for Damages) The Defendant shall pay the Plaintiff the price without fail within 30 days from the date of entry into semi-finished goods, and shall compensate the Plaintiff for 1% of the total amount of the price every day from three days after the date of postponement, if any.

The plaintiff shall deliver finished products to the defendant within 30 days from the date the half-finished goods were put into storage, and shall compensate for 1% of the total daily price from three days after the delay in supplying the products, if the delivery of the products is delayed.

B. According to the instant contract, the Plaintiff imported 1,00 food processing equipment from China, made 50 of them as finished products, and supplied 500 of them to the Defendant on September 21, 2013 (in the semi-finished product status, 500). However, the Defendant refused to receive 328 of the food processing equipment of finished products and did not pay the amount.

C. The price for one of the above finished food processing equipment is KRW 135,00, and the price for 328 food treatment equipment for which the Defendant refused to receive is KRW 44,280,000 (=135,000).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 4, the purport of the whole pleadings

2. The assertion and judgment

A. The summary of the Plaintiff’s assertion (1) The Plaintiff supplied the Defendant with food treatment equipment on September 21, 2013, but the Defendant refused to receive 328 food treatment equipment without justifiable grounds. As such, the Defendant is obligated to pay the Plaintiff KRW 44,280,000 for the food treatment equipment.

(2) Pursuant to Article 9 of the instant contract, the Defendant is obligated to pay to the Plaintiff delay damages at the rate of 1% per day for the unpaid amount until the date the Defendant fully pays the amount.

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