(영문) 서울남부지방법원 2015.03.27 2014나55494

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(영문) 서울남부지방법원 2015.03.27 2014나55494

손해배상(기)

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1.The judgment of the first instance shall be modified as follows:

The Plaintiff (Counterclaim Defendant) shall list the attached list from the Defendant (Counterclaim Plaintiff).

Reasons

1. Facts of recognition;

A. On September 10, 2010, the Plaintiff entered into a contract with the Defendant for the production and supply of gold-type products listed in the separate sheet (hereinafter “instant gold-type products”) with the Defendant for the production cost of KRW 77 million (hereinafter “instant gold-type products”) by 40 days after concluding the contract (hereinafter “instant contract”).

The main contents of the contract are as follows:

[Price]

1. The gold paper supplied by the defendant shall be in accordance with the defendant's price list according to the specific size and use materials of the gold paper, and the defendant must supply the 8-class gold 4-class gold paper basically.

2. The Plaintiff pays down payment of KRW 20 million to the Defendant’s account for the gold-type supply of finished products within 60 days from the date of final approval of the penalty for the gold-type supply.

Article 6 [Inspection Products]

1. The defendant shall produce prototypes in advance and provide them to the plaintiff in the production of gold paper according to the plaintiff's order, and confirm the consistency of the products with the plaintiff.

2. The plaintiff shall terminate the test of a prototype within one week and instruct the defendant to revise the test and other modifications.

Article 7 [Expenses for Production of Pilot Products] All the costs incurred in the production of the defendant's prototypes shall be borne by the plaintiff.

Article 8 [Completion Products]

1. The defendant is deemed to have delivered the normal manufacture when there is no objection by the plaintiff from the delivery date of the prototype.

Article 13 [Termination]

2.In the event that any of the following causes occurs to either of the parties, the other party shall notify the other party of the correction, specifying the period of no less than seven days, and, however, shall immediately notify the termination of the contract, if such correction is not made:

1 When one party fails to perform any of the obligations under this Agreement.

B. The Defendant received 20,000,000 won as down payment under the instant contract from the Plaintiff, and the Plaintiff and the Plaintiff agreed in advance to manufacture the Airbag products using the gold-type.

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