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(영문) 울산지방법원 2017.09.20 2016가합1263

기계대금 등

Text

1. As to KRW 185,678,354 among the Plaintiff and KRW 12,978,354 among the Plaintiff, the Defendant shall be annually from June 14, 2016 to September 20, 2017.

Reasons

Based on the facts, the Defendant: (a) was engaged in the business of supplying the automobile parts manufactured by the Plaintiff to Hyundai Frania Co., Ltd. (the trade name before the merger: hereinafter “Momeria Co., Ltd.”); and (b) was engaged in the business of manufacturing and selling the automobile parts; (c) the Plaintiff was a company that is engaged in the business of manufacturing and selling the automobile parts, etc., and supplied the Plaintiff with the automobile parts by receiving a contract from Hyundai Fla

On July 25, 2015, the Plaintiff entered into a sales contract with the Defendant to sell all the items and equipment machinery produced in Ansan-si Seoul Special Metropolitan City (hereinafter referred to as “catch factory”) operated by the Plaintiff to the Defendant (hereinafter referred to as “instant sales contract”).

The main contents of the instant sales contract are as follows.

This Agreement agrees to comply with the following terms in the contract for the transfer of the plaintiff's production item and equipment machinery to the defendant, and concludes this Agreement:

Article 2. The purchase price shall be determined as a source, and the defendant shall pay the price to the plaintiff in the following manner:

2. The processing costs shall be paid to the plaintiff as of the end of August 2000 on deposit of 12,978,354, including value added tax.

The value of supply of the product in the aggregate of VAT s 13,60,00 s s 13,60,000 s s 14,960,00 s s s 11,798,504 s 179,179,978,354 s s s s 157,000,000 s s 15,700,000 s s 172,700,000 s s s s 172,700,000 s s s s s s s 1750 s s s 179

3. The installment payments of 172,700,000 for the cost of equipment and machinery shall be made from July 2015 to June 2017, and the Defendant, on the 30th day of each month, shall pay 7,195,833 interest 4.0% to the Plaintiff on the 30th day of each month.

After the conclusion of the instant sales contract, the Plaintiff transferred all items and equipment machinery to the Defendant.

[Ground of recognition] The plaintiff's assertion of facts without dispute, Gap's evidence Nos. 1, 2, 3, and 4, and the purport of the whole pleading.