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Reasons
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(영문) 서울중앙지방법원 2016.10.25 2015가합17024
손해배상금 등
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1. The Defendant shall pay the Plaintiff KRW 262,667,50 and the interest rate of KRW 15% per annum from August 5, 2015 to the date of complete payment.

Reasons

1. Facts of recognition;

A. On September 2, 2013, the Plaintiff and the Defendant, who became aware of the Plaintiff through Nonparty B, the representative director of the Plaintiff Company A, entered into a contract with the Defendant to develop and deliver ten proto the Plaintiff in return for the payment of KRW 19.8 million. The Plaintiff and the Defendant agreed to increase the service cost in KRW 31.8 million around February 2014. Under the foregoing contract, the Plaintiff paid KRW 31.8 million to the Defendant from September 5, 2013 to March 20, 2014; KRW 10 million from March 17, 2014; and KRW 10 million from the Defendant around March 17, 2014; the Plaintiff entered into a contract with the Defendant on April 1, 2014 to pay KRW 10 million in return for the service cost; and KRW 10,000,000 to the Plaintiff.

After that, the plaintiff and the defendant agreed to change the manufacturing method from the gold-making method to the iron-saving method, and to reduce the service cost to KRW 27.5 million.

B. On July 28, 2014, the Plaintiff entered into a supply contract for the first time between the Plaintiff and the Defendant, i.e., the instant first supply contract for the first time, i.e., the instant first supply contract for the first time, i., the Plaintiff’s speech that the Defendant would be able to promptly deliver the first time, and then the Plaintiff entered into a supply contract for the first time with the Defendant (hereinafter “instant first supply contract”).

The main contents are as follows: 1. 70% of the down payment (including 1,463,00 won, value added tax) per major contract details: 70% of the down payment (including 1,463,00 won and value added tax): 15% of the balance paid at the time of the contract order (including 627,000 won and value added tax): 15% of the balance paid at the time of the contract order; and 15% of the general terms and conditions of the contract for production (the scope of order and production) after the inspection is completed; and 2.

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