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(영문) 창원지방법원진주지원 2016.04.27 2014가합1877

물품대금

Text

1. The Plaintiff (Counterclaim Defendant) shall pay to the Defendant (Counterclaim Plaintiff) KRW 57,00,000, and shall pay the full payment from June 29, 2013.

Reasons

1. Basic facts

A. The Plaintiff is a legal entity that runs the manufacturing and selling business of electric appliances and related parts. The Defendant is a legal entity that runs the manufacturing, selling, and repairing business of industrial equipment, etc., and the YM Industry Co., Ltd. (hereinafter “YMM Industry”) is a legal entity that manufactures and sells motor vehicle parts.

B. On June 11, 2013, the Plaintiff entered into a production supply contract of the instant case with the Defendant, the Plaintiff is a major part of the vehicle compliance frame, which is the device that the Plaintiff plays the role of compressing the air as a main part of the vehicle air-conditioning system, and the Switzerland is the external framework of the Switzerland.

A contract for the supply of crops (hereinafter “the instant contract for the supply of crops”) was concluded for the production of 190,000,000 won (in addition separate) to the third party designated by the Defendant to deliver the ice industry, a third party of the production designated by the Defendant, of the instant machinery (hereinafter “the instant contract for the supply of crops”), and the ceiling industry decided to produce and deliver the ice to the Defendant using the instant machinery supplied by the Plaintiff. The main contents of the instant contract for the supply of crops are as follows.

The main contents of the instant crop supply contract are as follows between the Defendant (hereinafter referred to as “A”) and the Plaintiff (hereinafter referred to as “B”).

Article 3 (Payment Period) By September 15, 2013, a contract shall be supplied at a place designated by A, consistent with the contract.

Article 4 (Prohibited Condition) (1) A shall pay 57,00,000 won (30% of the price of goods) as contract deposit after concluding a contract, and Eul shall pay 30% of the price of goods as contract deposit (in advance) performance guarantee (30% of the price of goods) and performance (10% of the price of goods) guarantee insurance policy (10% of the price of goods) until the payment period is completed.