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(영문) 서울동부지방법원 2018.04.24 2017가단105266

물품대금

Text

1. The Defendant’s KRW 56,590,116 as well as 5% per annum from February 28, 2017 to April 24, 2018 to the Plaintiff.

Reasons

. It shall be provided by a separate agreement and may be added or modified by mutual agreement;

Article 3 (Composition, Standards, and Quality of Products) (1) The component, standard, and quality of products to be supplied to A shall be separately determined after consultation with A and B.

Article 5 (Issuance, Production and Delivery) (1) The minimum quantity of orders for the products that A manufactures and entrusts to B once shall be prescribed by a separate agreement.

(4) A shall place an order for the unit price, order date, ordered quantity, delivery date, place, payment date, etc. of the contract products to B in accordance with individual order forms, and Eul shall deliver the products to the delivery place specified in the order forms and on the delivery date.

(5) If delay in the payment period is likely to occur due to any inevitable cause after receiving the order under paragraph (1) above, Eul shall immediately notify the fact to Gap and mediate it through mutual consultation.

C. The Plaintiff and the Defendant drafted an agreement with the following content on the same day.

1. Product name: C;

2. Specifications: 500g 6mpP, 60 p.m. 60 p.m.*3 cases/b. 3 months.

3. Delivery price: 40,000 won/3 cases, 3 months (excluding VAT).

4. Settlement terms: Settlement terms: 30% cash settlement at the time of ordering, and 70% cash settlement per month following the closing of delivery.

5. Minimum amount ordered: 2,000 sets (6,000Ps).

D. On March 31, 2016, the Defendant issued an order with C (500g, 6 Gu TPP 10 x 3 x hereinafter “instant product”) 2,00 set number, single boxes 6,00 x 6,00 x on April 27, 2016, designating the delivery place D Home Shopping Logistics Center, and the delivery date as the delivery date.

[Ground of recognition] Unsatisfy, Gap evidence 1 to 6

2. The parties' assertion

A. The Plaintiff, at the request of the Defendant, imported raw materials and entered the production process, but the Defendant requested the Defendant to withhold production on May 2016, and subsequently did not cooperate with the Defendant, such as providing secondary materials, so that it would pass several months. The Plaintiff expressed his/her intention to refuse receipt on October 24, 2016.

Therefore, the plaintiff cancelled the contract for the defendant's default and rejection of payment and the cost required for the production of the product of this case.