물품대금
1. The Defendant shall pay to the Plaintiff KRW 278,895,90 and the interest rate of KRW 15% per annum from December 7, 2018 to the date of full payment.
1. Basic facts (applicable for recognition: Facts without dispute, entries in Gap's 2, 5, 6, 7, 10, 11, 12, 14, 15, 17, 18, 19 (including various numbers), and the purport of the whole pleadings;
A. The Plaintiff is a company that manufactures semiconductor equipment and parts, etc., and the Defendant is a company that develops, manufactures, etc. the application equipment of the radar.
B. The Plaintiff entered into a contract with the Defendant for the supply of parts, etc. to be used in the manufacture of the instant parts, etc. (hereinafter “instant parts, etc.”) (hereinafter “instant supply contract”) and received an order from the Defendant to March 21, 2017 by delivery of the manufacturing drawing from the Defendant, and manufactured and supplied the instant parts, etc. in the manner of receiving a request for manufacture.
C. Accordingly, the Plaintiff sent a written estimate stating the name, quantity, unit price, etc. for the monthly completion of the delivery to the Defendant as follows.
The amount classified as the date of delivery of a written estimate (excluding value-added tax) on January 13, 2017 shall be KRW 99,068,60,00 for the completion of delivery on December 12, 2016, and KRW 103,196,50 for the completion of delivery on February 8, 2017, as KRW 46,730,300 for the completion of delivery on February 8, 2017, and KRW 46,831,00 for the completion of delivery on March 2, 2017, and KRW 46,78,200 for the completion of delivery on April 7, 2017. < Amended by Presidential Decree No. 27988, Apr. 3, 2017>
D. On August 17, 2017, the Defendant prepared a written confirmation (hereinafter “instant confirmation”) to the Plaintiff that the outstanding amount of KRW 303,895,90,000, out of the price of the goods, will be paid by October 31, 2017. The said written confirmation states that the Plaintiff supplied the same part, etc. as the said sheet to the Defendant, and that the Defendant paid KRW 70,788,00 to the Plaintiff, and thereafter, the Defendant paid KRW 25,00,000,000 to the Plaintiff out of the outstanding amount.
2. Determination
A. The legal nature of the instant supply contract is that one of the parties agrees to supply goods made of his own use of materials according to the other party’s order and the other party agrees to pay the price for the production. The so-called production supply contract is in the nature of the contract and its supply.