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(영문) 수원지방법원안산지원 2017.07.20 2015가합2635
손해배상(기)
Text

1. The Defendants jointly share KRW 600,000,000 with respect to the Plaintiff and 5% per annum from June 18, 2014 to July 20, 2017.

Reasons

1. Basic facts

A. The Plaintiff’s status as the parties is a company that produces and supplies the body of the vehicle to the arche car, etc., Defendant B Co., Ltd. (hereinafter “Defendant B”) is a company that produces the body of the vehicle. Defendant C is the representative director of Defendant B.

B. A gold-type car contract between the Plaintiff and the Defendant B was concluded between the Plaintiff and the Plaintiff to select the Plaintiff as a body-producer around April 201 with respect to the new YP model (hereinafter “YP”), and the Plaintiff agreed between the Plaintiff and the Plaintiff to produce and supply the YP car by June 2, 2014.

On May 10, 2013, the Plaintiff entered into a gold-type three gold-type (1, 2, and 3 gold-type) with Defendant B, with Defendant B, in the price of KRW 554,00,00,00, the Plaintiff produced three gold-type gold-type (1, 2, and 3) for the purpose of final supply to the Plaintiff by May 12, 2014 (hereinafter “instant contract”).

On the other hand, the plaintiff and defendant B have maintained the transaction relation by concluding a gold production contract from around 2010.

C. Defendant C’s refusal to demand additional payments and to deliver gold-type three gold-types to the Plaintiff by the delivery date of the instant contract, knowing the fact that the Plaintiff would no longer be able to live as a collaborative company of an infant vehicle due to the Plaintiff’s failure to produce teas and disruptions to the production plan and the production process, Defendant C’s failure to deliver the said three gold-types to the Plaintiff by the delivery date of the instant contract, and led the Plaintiff to be paid a reasonable amount of additional payments.

Accordingly, on April 25, 2014, before the date of the final delivery under the instant contract 10 days, Defendant C demanded the Plaintiff to pay KRW 1,468,570,000 (=the additional cost of change of design at KRW 550,30,000,00 for the last delivery date) by presenting three copies of each of the following items: “FF (UB, KH, YD-2D, 4D, 4D, 5D, 5D, LF, 5D, Y) change and retroactive application (request),” “A gold-type additional cost (B),” and “A L LA’s total amount of expenses for change of design at KRW 918,270,000,000 for the last delivery date). Defendant B demanded on May 12, 2014, the last delivery date.

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