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(영문) 서울중앙지방법원 2018.08.23 2016가합519770
손해배상(기)
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. The parties concerned are a construction company selected as a contractor of a construction project that constructs a condominium with 276 households at the 14-2 large city, Gangnam-gu, Seoul (hereinafter “the instant construction project”). The Plaintiff is a company that engages in the distribution business of kitchen households and equipment, indoor interior interior decoration construction business, etc.

B. A sales contract of this case

1. On-site name: Postal mobile condominium construction works;

2. Subject matter of a contract: The household in the main place of a contract (a set of detailed tax particulars);

3. Places of delivery: Installation drawing;

4. Period of delivery: From August 30, 201 to April 30, 2012;

5. Contract amount: The contract amount of KRW 8,574,502,200 (amount to be supplied: KRW 7,795,02,00, value-added tax: KRW 779,50,200) shall include safety management expenses, various insurance premiums, cleaning expenses, taxes and public charges.

6. Conditions for payment of price: us's periodical payment.

7. Interest rate on advance payment: 20% of the contract amount;

8. Deposit rate for performing a contract: 10% of the contract amount.

9. Defect warranty rate: The rate of liquidated damages from May 1, 2012 to May 1, 2015 (36 months): From May 1, 2012 to May 1, 2015: The rate of liquidated damages: 0.3% of the contract amount per day: The advance payment of the contract amount: 20% (60 days bills) and B/L first: 50% of the contract amount, and the construction period: 30% of the parties shall prepare two copies of the contract in order to conclude and prove the contract for the sale of goods according to the above contents, additional terms and conditions of the contract, and a statement.

Article 3 of the Terms of Sales Contract 1) B (the plaintiff means the plaintiff)

Party A (Defendant) within seven (7) days from the contract date

A) consult with the site of the subject matter and the schedule of the supply (establishment/ trial operation) of the subject matter of the contract, and the supply (establishment/ trial operation) shall be conducted in accordance with the schedule approved by A.

Article 4 (Commencement) A shall prepare production specifications and drawings on the basis of contract-related documents within seven days from the date of the contract, and request A to approve them at the site of A, and B shall be conducted by A or A.

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