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(영문) 서울남부지방법원 2018.04.17 2016가단220253

물품대금 등

Text

1. The Defendant (Counterclaim Plaintiff) shall pay 10,000,000 won to the Plaintiff (Counterclaim Defendant) and its full payment from April 27, 2016.

Reasons

1. Facts of recognition;

A. The Plaintiff is a legal entity that operates the development, manufacture, and sales of wire and wireless communication equipment, and the Defendant is engaged in the development, manufacture, and sales of wireless communication auxiliary equipment in the name of “C”.

B. Around April 2014, the Plaintiff entered into a supply contract and the supply of goods (1) with the Defendant, respectively, on and around December 9, 2014, entered into a supply contract with the radio communication antenna rayers (TNC-4500), and on or around December 9, 2014, with the Defendant, a contract for the supply of railroad rayers (TNC-450PLA) and railroad breadthers (TNC-450LA).

(2) In accordance with each of the above supply contracts, the Plaintiff supplied the Defendant with goods, such as the antenna straw meter, which amounting to KRW 413,943,00,00, from May 2014 to June 2015.

(3) The Defendant paid to the Plaintiff a total of KRW 403,943,00,00,000, which is March 25, 2014, prior to the conclusion of the above antenna point supply contract, and KRW 413,943,00,00, including the total of KRW 403,943,00, from May 29, 2014 to May 4, 2016 after the conclusion of the above supply contract.

C. On September 7, 2014, the Plaintiff entered into a development agreement and developed a luminous meter (1) with the Defendant, and entered into a development agreement with the following terms and conditions, TRS Dral typology (hereinafter “luminous meter”) (hereinafter “instant development agreement”).

(However, the development schedule of this Article 2 (Scope of Services and Schedule) (3) is from September 22, 2014 to December 23, 2014. Article 3 (Contract Amount) The defendant shall pay to the plaintiff the total development cost of KRW 50 million for the plaintiff's performance of the development project as follows: 25 million within 7 days after the conclusion of the contract: 1st: Within 7 days after the progress of the development; 3rd: Within 7 days after the completion of the development verification: 15 million won within 7 days after the completion of the development verification; and 4 (Service Results) (2) the results developed under this contract are as follows:

The schedule of development after the conclusion of the instant development contract.