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(영문) 서울북부지방법원 2017.09.19 2016가단31395
손해배상
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1. The Defendant paid KRW 3,323,814 to the Plaintiff KRW 6% per annum from September 3, 2016 to September 19, 2017.

Reasons

1. Facts of recognition;

A. The Plaintiff is a person engaged in electronic commerce with the trade name of “C,” and the Defendant is a person engaged in electronic commerce (pact, miscellaneous, tact, etc.) under the trade name of “D.”

Article 1(Liet No. 31,775 30 953,250 30 33,787 30 1,013,610 5 stacks 16,100 60 606,000 6 15,295 917,700 60 60 60 605 917,700 70 8,510 60 60 7 8,510 60 8,610 60 8,990 60 601,59,40 31,50 90 1,50 1,50 30 1,510 30 30 1,4301,430 5 20 1,75 205 30 1,205 301 205 301 1,205 37

Article 3 (Approval of Samples) Before manufacturing a product, the defendant shall obtain the approval of the plaintiff on the sample manufactured in accordance with the plaintiff's production instruction.

Article 6 (Inspection)

1. The defendant shall complete the inspection of the products produced by the plaintiff or the person or agency designated by the plaintiff, and shall provide the preparation and convenience for inspection.

2. The criteria for external inspection of products shall meet the criteria for the plaintiff's inspection.

Article 9 (Supply of Goods)

1. The supply of goods is limited to the quantity which passed the Plaintiff’s inspection (including the quantity to be acquired by the Plaintiff among Class B).

2. The supply shall, in principle, be in the supply of the whole quantity of ORDs for each LOT;

3. The delivery date of products shall be in accordance with Article 1, and the defendant shall keep the delivery date strictly;

Article 12 (Failure to Supply Goods)

1. If the quantity of delivery by the multiple defendants exceeds 10% of the contract quantity, the Plaintiff may purchase more than 110% of the contract price with 80% of the contract price. If the unpaid quantity exceeds 10%, the 10-30% of the contract price shall be liable to the Plaintiff for the unpaid amount, and 50% of the unpaid amount if the unpaid amount exceeds 50%.

Provided, That the value of unpaid goods shall be the quantity of unpaid goods.

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