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(영문) 서울고등법원 2016.01.14 2015나5929
채무부존재확인
Text

1. The judgment of the court of first instance is modified as follows.

The Plaintiff (Counterclaim Defendant) shall pay KRW 28,340,710 to the Defendant (Counterclaim Plaintiff).

Reasons

(5) The same shall apply to the quality control contract of January 1, 2012.

6) 6 The “A” may be refused to put up “A” if the delay in the payment period is anticipated to bring about the issue of selling the goods at the low-day 1 to 4th day without delay in CLAIM standards *0.3% of the number of delayed days *0.5% of the number of delayed days *0.5% of the number of delayed days *0.7% of the number of delayed days *0.7% of the number of delayed days * the number of late days 11 to 13 days * the number of late days * the number of delayed days * the number of delayed days * 11.0% of the number of delayed days * the number of late days * the number of delayed days * the number of late January 24, 2013 ? Article 7 of the Quality Management Contract (Completion Standard for the Payment Period) (the same shall apply to the quality control contract) (6) or omission (the date of January 1, 2012).

Quantity of five to seven days from the date of delay * Product Manufacturing * Quantity * Product Manufacturing * Quantity * Product Manufacturing *0.06* Number 8 to 10 days of delay *0.09* Number 11 to 13 days of delay *0.09* Number 14 to 16 days of delay *0.012* Product Manufacturing * Quantity * Quantity * Number 17 to 19 days of delay * Number 17-15* Number * Quantity * Quantity * Product Manufacturing * *0.018* Number * Quantity * Product Manufacturing * Product Manufacturing * Product Manufacturing * * Product Manufacturing *0.02* Number of delay d) on January 24, 2013 * Article 7 [Criteria for Late Period of Delay] (1) through (1) (6) of the contract ("Article 6 of the same Act") has been amended to "Article 7 of the same Act", as quality control manager 1.1.

(6) If a person fails to deliver a product to Party A at the payment period that is promised to Party A for at least 20 days, Party A may refuse to put the product into storage, Party B shall, at the expense of Party B, remove the entire intellectual property rights of Party A after removing them in the presence of Party A’s employees, and Party B shall return the whole amount of the cost of manufacturing consignment received from Party A, and the cost of the raw and subsidiary material borne by Party A, and Party B may be paid to Party A unless delay in the payment period has occurred.

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