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(영문) 인천지방법원부천지원 2015.11.27 2015가단19973
계약금반환 등
Text

The defendant shall pay to the plaintiff KRW 1,386,00 per annum from July 11, 2015 to November 27, 2015 and the next day.

Reasons

Facts of recognition

On October 2014, the Plaintiff requested the Defendant to manufacture SPS 150W products (hereinafter referred to as “this case’s 80W,10W, 150W products”) from the Defendant, which is a part of LED lighting (SPS) 80W and 100W products.

On October 23, 2014, the Plaintiff received samples of the instant 150W products from the Defendant, and ordered 5,000 oral orders to the Defendant (hereinafter “instant contract”), and the order written by the Plaintiff on November 3, 2014 stated the payment period as “before November 2014.”

On November 5, 2014, the Plaintiff paid 28,050,000 won to the Defendant, under the pretext of advance payment of the instant contract, equivalent to 30% of the total supply amount of KRW 93,50,000 (including value-added tax).

(hereinafter “instant advance payment”). On November 14, 2014, the Defendant supplied 22 of the instant 150W products to the Plaintiff for the test. At the meeting of November 26, 2014, the Defendant discussed the following: (a) the reason why the instant 150W products are bad; (b) the application of the reverse rate compensation circuits for the instant products; and (c) the removal of the existing 80W products and 100W products.

After that, on December 19, 2014, the Plaintiff notified the Defendant of the fact that the failure was rendered on the ground that the Defendant fell below Watt’s test result. The PCB length interfered with CNOPY.

On December 23, 2014, the Defendant notified the Plaintiff of the fact that the instant 80W and 100W inferior products were in progress, and that the Defendant failed to comply with the schedule in the process of applying the high-speed rate to the instant 150W products, at the Plaintiff’s request.

On April 1, 2015, the Defendant supplied 150W products of this case to the Plaintiff.

On April 10, 2015, the Defendant notified the Plaintiff of the analysis of the causes of the defect of the instant 80W and 100W products.

The Plaintiff supplied from the Defendant on April 2, 2015 among the instant 150W products.

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