(영문) 서울중앙지방법원 2016.06.29 2016나12631

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울중앙지방법원 2016.06.29 2016나12631

보험금

Text

1. The part against the plaintiff corresponding to the money ordered to be paid under the judgment of the court of first instance shall be revoked.

2...

Reasons

1. Basic facts

A. On February 2012, the Plaintiff entered into a contract for steel-processing with the Plaintiff to supply processed steel bars to the designated construction site (hereinafter “instant contract”). Of them, the part related to the instant case is as follows.

Article 5 (Management of Materials and Scrappings) (2) In principle, materials and steel bars shall not be used at will by the Plaintiff for seizure, resale, lease, security, etc., and lost, stolen, or otherwise destroyed, etc. by the Plaintiff; and at the time of the Plaintiff’s request for return, St. shall be immediately returned.

Article 7 (Settlement of Materials and Scrappings) (3) After the expiration of the contract period or after the rescission of the contract, the Plaintiff’s inventory kept by Gyeong Sti shall be returned to the Plaintiff, and the costs incurred therefrom shall be provided by Gyeong Sti.

(4) After the expiration of the contract period or the rescission of the contract (including the termination of the contract), the remainder amount receivable of SPE shall be paid to SP within 15 days after the Plaintiff’s settlement of the remainder of the contract.

Article 11 (Payment of Processing Price) (2) The payment shall be made, after obtaining the consent of the plaintiff on the quantity received at the site of the contract each month, by the end of the month following the month in which the claimant is entitled to receive the payment for completed portion on the basis of the payment for completed portion.

Article 16 (Offset) In the event of any other liability such as damages payable to the Plaintiff due to the breach or non-performance, etc. of this Agreement, the Plaintiff may set off against all obligations, such as the payment, etc. to the Plaintiff.

Article 17 (Cancellation or Termination of Contracts) (1) If the Plaintiff or SPE falls under any of the following subparagraphs, the other Party shall notify the Plaintiff or SPE for a considerable period of time, and the other Party shall notify it to the Plaintiff or SPE:

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