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(영문) 서울중앙지방법원 2017.03.09 2016가단5164109

물품대금

Text

1. The Defendant shall pay to the Plaintiff KRW 25,90,000 and the interest rate of KRW 15% per annum from June 15, 2016 to the day of full payment.

Reasons

1. Facts of recognition;

A. On December 28, 2015, the Plaintiff and the Defendant entered into a contract for the supply of materials (hereinafter “instant contract”) and the parts relating to the instant case are as follows:

Article 1 (Contents of Contracts)

1. Name of contract: Indoor swimming pool construction;

2. The name and quantity of a contract: 22 m (w: 600/90) total area of 729.2m and aluminium subsidiary materials (see attached specifications) 3 and the date of delivery: Within 60 days from the date of deposit in advance.

4. Places of delivery: Article 2 (Contract Amount and Payment of Price) (A) of the ASEAN.

1. Contract amount: 86,900,000 won (including surtax);

2. Payment 1) Advance Payment 20%: Part 2 (including value added tax within 3 days after the contract 17,000,000 - 17,000 - 00 : The balance 44,000,000 - 30% including the value added tax prior to 3 days before the customs clearance of the Busan Customs: Article 5 (Guarantee of Defects) including the value added tax within 15 days after the delivery of 25,90,000 - 15 days.

1. The warranty period for defects in goods supplied by Eul (referring to the plaintiff) shall be two years, and the expenses incurred due to defects in such period shall be borne by Eul;

2. In order to guarantee the performance under the preceding paragraph, Eul shall deposit a cash equivalent to 3/100 of the settlement amount or submit a performance bond for defects to Gap (meaning the defendant).

Article 6 (Land Compensation) (B) Where the delivery is delayed by the day before the designated date of the request for delivery at the site, the payment for delay in the supply of 1/000 per day shall be made to Party A, and where the payment is not made, Party A shall be deducted from the price of supply.

Provided, That in principle, the date of delivery of materials shall be calculated from the date the advance payment is made after the contract.

Article 11 (Other Matters) The ownership of materials shall be limited until the price of goods is paid in full, and the warranty against the quality shall be issued after the full payment.

B. On December 29, 2015, the Defendant paid to the Plaintiff KRW 17,000,000 for advance payment, and KRW 44,000 for intermediate payment on April 29, 2016, and the Plaintiff paid KRW 22m (w:60/900) for the Defendant on May 4, 2016.