(영문) 수원지방법원 2018.11.30 2017가단536483

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(영문) 수원지방법원 2018.11.30 2017가단536483

손해배상(기)

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1. The Defendant’s KRW 60,121,561 as well as the Plaintiff’s annual rate from October 1, 2017 to November 30, 2018.

Reasons

1. Basic facts

A. On February 27, 2017, the Plaintiff entered into a container sales contract with the Defendant for the manufacture and installation of one container for export (hereinafter “instant container”) with the terms of KRW 117 million (hereinafter “instant contract”). The key contents of the instant contract are as follows.

Article 2 (Payment Period and Installation) "B" of the container sales contract shall be completed in a place designated by "A", referring to the attached Form (Written Estimate) letter, with the completion of production by the designated date of the said contract.

1. Date of establishment: April 20, 2017;

2. Place of Establishment: Article 3 [Conditions Prohibition and Prohibition] A of Jeju Special Self-Governing Province in Seopo City] shall pay the price of the goods to “B” after the contract for the goods is concluded with “B” as follows:

The total amount: VAT separate contract 1.0 million won for the first day: on December 15, 2016, the second day of the contract for the purchase of containers of KRW 1,000,000 per day: 50% of the total amount for the second day of the contract for the completion of payment on December 15, 2016: 40% of the total amount for the last day of the manufacture of containers of KRW 1,000,000,000 for the second day after the examination: 40% of the total amount for the last day of the manufacture of containers of KRW 40% VAT separately after the completion of the construction: within 7% of the total amount for the first day of the construction completion of KRW 10,000,000 for the first day: “B” must pay the amount equivalent to 3/1000 of the daily contract amount for the delayed payment due to the compensation for the delay in the payment period.

B. On March 2, 2017, the Plaintiff paid the Defendant KRW 14,042,50 in total, KRW 58.5 million, KRW 50 million, KRW 50,000 in total, and KRW 114,042,50 in value-added tax on the intermediate payment and intermediate payment on April 6, 2017, and KRW 59,50 in value-added tax on May 3, 2017, and KRW 114,042,50 in addition, on October 27, 2016, the Plaintiff paid KRW 110,000 to the Defendant and KRW 1,358,00 in pipeline construction cost to D on March 6, 2017.

[Ground of recognition] dispute.

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