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(영문) 부산지방법원 2019.04.17 2018가합48485

정산금

Text

1. The defendant shall be the plaintiff.

(a) KRW 69,761,537 and the interest thereon shall be 15% per annum from November 1, 2018 to the date of complete payment.

Reasons

1.Recognition - Article 2 (Definition of Terms) - The definitions of terms used in this Agreement shall be as follows:

1. The term "Total Funds (624,360,000 won)" means the sum of the basic Funds (465,000,000 won) to be paid to A under this Agreement and the amount of excess sales guarantee (159,360,000 won) to be paid to A.

(2) The term "basic fund" means the amount of guarantee for the sale and the payment to Gap for the estimated sale amount (5,790,630,000 won) on the basic plan for coins sales created by Gap.

(3) The term "amount of excess sales guarantee (1,92,00,000 won)" means the amount of sales guarantee in excess of the estimated sales amount (5,790,630,000 won) presented by A at the time of 2nd price tendering.

-Article 8 (Payment of Total Funds) ① Payment of 624,360,000 won (=payment of 159,360,000 won out of the basic fund's excess sales guarantees of 465,000,000 won) presented at the time of application for intervention shall be made in cash.

(2) The total amount to be paid to A shall be paid KRW 124,872,00 as at the time of concluding a contract, and the balance shall be paid by December 31, 2001.

-Article 11 (Payment for Acceptance, Delivery, and Acceptance of Coins) (1) At the time of acceptance from the Bank of Korea, B shall take over the coins in the name of the Bank of Korea and pay the acceptance price in the name of A in the Bank of Korea.

Provided, That if there is a cost of government support or burden, such as processing costs, among the cost of making coins (e.g., liquid face value, materials cost, processing cost, packing cost, etc.), B shall pay an amount equivalent to the cost to A at the time of underwriting coins.

(2) B shall obtain prior approval from Party A by specifying the details of sales and distribution of underwriting coins at the time of underwriting coins, and the final time of underwriting shall not expire October 2002.

On June 11, 2001, the Plaintiff entered into a contract with the Defendant for sales of commemorative coins, which the Defendant will act on behalf of the Defendant, on behalf of the Defendant, and its main contents are as follows.