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(영문) 서울동부지방법원 2016.01.13 2015나2913
어음금
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. The reasoning for the court's explanation of this case is that "where the defendant has become 20 days or more due to the failure of the defendant to perform his/her duty to deliver the product (Article 7)" after the third 17th of the judgment of the court of first instance, "AWC Koreanet may immediately terminate the contract without a peremptory notice (Article 21 Paragraph 1). The initial order quantity shall be 5,000 boxes (detailed agreement). The initial order quantity shall be 5,00 boxes (detailed agreement), and the fifth 9,10 P&C Koreanet shall be deemed to have the right to cancel the contract due to the defendant's non-performance of obligation, and "B" and E&C Koreanet shall be able to terminate the contract due to the defendant's non-performance of obligation without a peremptory notice, and the fifth 5th 11th "the defendant has notified the defendant and requested the plaintiff to pay the price to the defendant" and "the defendant's additional 71,500,000 won and the defendant's additional 7.15 billion won"

1 The defendant asserts to the effect that, while ordering the goods, AWC Koreanet did not pay KRW 112,500,000 as the price for the first production, it merely paid KRW 112,500,000 as the price for the first production, and further did not request the production of the goods of this case or set the delivery date, the defendant did not delay the delivery duty of the goods of this case, and thus, IWC Koreanet cannot terminate the contract of this case.

However, according to the statement in Gap evidence No. 2, it can be recognized that the defendant AWC Koreanet did not agree on the payment of separate production costs when concluding the contract in this case, and otherwise, it is admitted.

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