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(영문) 대전지방법원 서산지원 2021.01.14 2019가합51491

판매대금

Text

1. The Defendant’s KRW 1,287,545,422 and KRW 191,60,248 among the Plaintiff and the Plaintiff’s KRW 85,371,960.

Reasons

1. Basic facts

A. From February 1, 2018 to January 31, 2021, the Plaintiff entered into a regular sales contract with the Defendant, setting the contract term as KRW 31,000 per ton of the contract unit price (a separate value-added tax), and the annual contract quantity of KRW 50,000, with a view to selling the refinings generated at the 1-6 unit period of the C facilities (hereinafter “instant sales contract”).

B. According to the sales contract of this case, the Plaintiff supplied the Defendant with a regular meeting from the first day of each month to the last day of the following month, and then requested the Defendant to pay the regular sales proceeds by the last day of the following month (Article 7 of the General Conditions). Meanwhile, where the Defendant fails to pay the sales proceeds within the above period, the sales contract of this case includes the overdue interest rate for the number of days delayed, i.e., the overdue interest rate for the number of days delayed (Article 8 of the General Conditions), the amount of delayed damages calculated by multiplying the "average interest rate applied at the time of lending general funds to the Si" (Article 8 of the General Conditions), the monthly contract quantity is less than 80% of the sex number (3 to June, 8 to November), the irregular period (1 to December, 7), the amount of less than 60% of the contract quantity is less than 1.5 times the unit price of the contract, and there are no special arguments as to the purport that Article 10 to 18 of the General Conditions (hereinafter the same shall apply).

2. Scope of the defendant's obligation to pay sales proceeds;

A. The amount of monthly sales proceeds from accrued sales proceeds and delayed damages for the sales proceeds of the Plaintiff supplied to the Defendant and the deadline for the payment thereof are as listed below [Attachment 1], and the Defendant paid the relevant amount on the date indicated below [Attachment 1] on the date indicated below the payment date. Thus, there is no dispute between the parties, and the Defendant’s unpaid sales proceeds (cost) against the Plaintiff from June 2018.