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(영문) 서울중앙지방법원 2017.12.22 2016가합543001
손해배상(기)
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1. The Defendant’s KRW 5,104,975 as well as the Plaintiff’s annual rate of KRW 6% from February 9, 2016 to July 29, 2016.

Reasons

Facts of recognition

The Plaintiff is a person engaged in the manufacturing industry, such as mobile phone charging boxes using the trade name “B.”

The defendant is a corporation with the purpose of leasing mobile devices.

On May 29, 2015, the Plaintiff entered into a contract with the Defendant on the supply of goods (hereinafter “instant contract”) stating that “the Plaintiff shall produce the cell phone charging box to be used in the Defendant’s military cell phone rental service business (hereinafter “the instant goods”) and deliver it to the place designated by the Defendant.”

The main contents of the above contract are as follows:

Article 4 (Quantity of Goods Supply) In the Project, the order quantity of the defendant shall be 1,200 EA, and the plaintiff shall supply the goods to the defendant unless the contract is breached.

Article 5 (Development and Supply Prices of Goods)

4. Supply price consultations shall be as follows:

Mobile phone charging box - 860,000 won (VAT Map)

5. The delivery cost shall be individually agreed upon after the location of a military unit is selected on the basis of 69,000 won per unit of goods;

VIII.(Supply and Delivery of Goods)

1. The Plaintiff supplies goods from the Defendant to the place designated by the Defendant within 20 days of receipt of the order form.

2. The place of delivery shall be the military unit designated by the Defendant and the place other than that designated by the Defendant shall be consulted separately.

3. Where the Plaintiff is unable to supply goods to the due date and place due to unavoidable reasons, the Plaintiff shall obtain prior written approval from the Defendant.

Article 10 (Payment of Price) With respect to goods the transaction of which commences or is completed by the defendant's order, the price shall be paid to the plaintiff as follows:

1. A down payment shall be paid by 30% of the supplied amount within ten days after preparing a written contract;

2. 30% of the supply amount shall be paid within 10 days after the supply of 30% of the quantity.

3. Any balance shall be paid 40% of the supply amount within ten days after the inspection of goods is verified;

Article 14 (Cancellation or Termination of Contracts) When one of the parties falls under any of the following subparagraphs, the other party shall perform his duties within five days:

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