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(영문) 수원지방법원 2019.06.25 2017가단506314
물품대금
Text

1. The plaintiff (Counterclaim defendant)'s main claim and the defendant (Counterclaim plaintiff)'s counterclaim are dismissed, respectively.

2. Of the costs of lawsuit.

Reasons

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. Basic facts

A. The Plaintiff is a company with exclusive sales rights within the Republic of Korea of C, a Chinese company specializing in the manufacture and supply of fuel cells (hereinafter “China headquarters”).

B. On October 2014, the Defendant jointly developed D (hereinafter “D”) and non-commercial marina power generators, and formulated a plan to supply them to the Japanese government and public institutions, and received 10 fuel cell samples from the Plaintiff, upon recommendation of the Plaintiff from D, around October 2014.

C. Since then, on February 13, 2015, the Defendant concluded a contract with the Plaintiff to be supplied with 50W V3ak Modle (hereinafter “instant fuel cell”) at USD 500 per 1 to USD 515,00,000 per 2,50; hereinafter “instant supply contract”). The main contents of the instant supply contract are as follows. The period of O delivery is: (180) April 30, 201; (3) June 30, 2015; (3) June 30, 2015; (4) June 30, 2015; (50,750; and (5) June 128, 2015; and (5) June 30, 2015; and (3) within 25,000,000 if the amount of the instant product is delayed from the date of delivery to the Defendant; and (5) more than three (3) days prior to the due date of delivery;

Provided, That if the defendant recognizes it due to natural disasters or other force majeure, he/she may be exempted from compensation for delay.

O Tally: The examination of products shall be conducted at the place of the defendant, and the tallying of the first-level quantity of 180s at the head office in China.

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