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(영문) 인천지방법원부천지원 2016.09.21 2016가단102513

물품대금

Text

1. The Plaintiff (Counterclaim Defendant) is to pay KRW 23,100,000 to the Defendant (Counterclaim Plaintiff) and its amount from February 3, 2016 to September 21, 2016.

Reasons

1. The principal lawsuit and counterclaim shall be deemed to be filed together;

A. On June 5, 2015, the Plaintiff and the Defendant entered into a gold production contract with the Plaintiff and the Defendant, as follows, a design and a production contract for the elderly and the cutting-type (hereinafter “the gold-type”).

A contractor: The purpose of the contractor: The name of the contractor under Article 2 (Name and Standards of Money Form) (1) of the contract for the design and production of gold-type design and the production of gold-type plans that the plaintiff plans and supplies to the place desired by the defendant: The gold-type design drawings must undergo an examination of the drawing to the defendant before the plaintiff produces this gold-type. If the gold-type design is not examined, the contract of this case shall be automatically terminated and the plaintiff shall compensate the defendant for the damage caused thereby. 2) The estimate drawings attached at the time of the contract shall be followed.

(2) The Plaintiff may not produce any content of the product drawings by arbitrarily modifying it without the Defendant’s prior written consent.

③ Within 10 days from the completion of the contract, the Plaintiff shall submit to the Defendant detailed data on the use, materials, heat treatment, and method by the gold production design drawings and the gold part, at the latest. If the data submitted by the Plaintiff is not in conformity with the Defendant’s requirements, the Defendant may terminate the contract.

Article 3 (Quality Inspection and Supply of Gold Paper) After production of this gold paper, the plaintiff must present the production drawing to the defendant, and have the person designated by the defendant verify the quality inspection.

The plaintiff shall produce a penalty and deliver it to a place designated by the defendant.

Payment shall be within 45 days (10 days of design, 35 days of production) after the contract, including this gold.

(except for the test period of prototypes by the Defendant after manufacture)

(a)total amount: 46,200,000 won (including value-added tax);