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(영문) 서울고등법원 2017.04.27 2016나2037776
약정금
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. The Plaintiff is a company running an electronic circuit manufacturing wholesale business, etc. in Yeonsu-gu Incheon, Yeonsu-gu, 85-ro 32, an electronic circuit manufacturing business, etc., Defendant B is a person who engages in the manufacturing business, etc., such as the master body, etc., in the trade name, name, etc., D in the interest-gu, Jung-gu, and Defendant A is an actual operator

B. On May 31, 2015, the Plaintiff and the Defendants concluded a contract for the supply of goods with respect to the master products used in bank automation devices (hereinafter “instant products”) as follows:

(hereinafter “instant contract”). The Plaintiff and the Defendants, on the basis of the principle of mutual trust and good faith, entrust the Defendants with the manufacture and import of various counterfeit goods installed in financial equipment (ATM/ CD bank automation equipment), and on this basis, enter into a contract which promotes the project in cooperation with the Plaintiff and the Defendants.

Article 4 (Payment Period and Method of Order) (1) Payment period refers to the time when the Defendants complete delivery of goods (contract products) at the place designated by the Plaintiff.

The plaintiff provides the defendants with a minimum of three-month order quantity.

Article 5 (Change of Payment Period) (2) In the event that an order issued by the Plaintiff to the Defendants is inevitably carried forward by the Plaintiff’s situation or the Plaintiff’s original office, the Defendants also agree to carry forward.

Article 7 (Compensation for Delay) Where the Defendants fail to supply goods within the due date, the Defendants shall compensate the Plaintiff for the penalty for delay equivalent to 3/1,000 of the order price (the base pension for delay) for each one day from the date following the due date to the date of actual delivery.

Article 10 (Methods of Payment for Goods) (1) The settlement of the price for goods to be paid by the Plaintiff to the Defendants shall be paid in cash 30 days after the following month after the end of January on the basis of goods manufactured in Korea.

② In the event that the Plaintiff supplies all kinds of maternity imported by the Defendants to the Plaintiff, it is based on the settlement of the Plaintiff’s trading company (ethylis enzy, EL and Cheongho).

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