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(영문) 서울서부지방법원 2016.09.28 2016가합30876

물품대금

Text

1. From February 23, 2016, the Defendant: (a) KRW 336,800,000 to the Plaintiff; and (b) from February 23, 2016

9.For the period of 28.28, 5% per annum and from the next day.

Reasons

1. Facts of recognition;

A. On July 14, 2014, the Defendant entered into a contract with Ethy Ethy Ethy Ethy Ethy Es (hereinafter “Esty Esty Esty Esty Esty Esty Esty Esty Esty Esty Estym”) with the Korea Highway Corporation (hereinafter “Esty Esty”) under which the Defendant would supply a happy terminal (hereinafter “the model name TN-SMAT”) for KRW 22,00 per unit (excluding value-added tax).

B. On September 24, 2014, the Plaintiff (the “Plaintiff”) entered into a contract with the Defendant as follows (hereinafter “instant contract”). From that date to April 3, 2015, the Plaintiff (the “Plaintiff”) paid the Defendant KRW 1,208,00,000 to that end, and received 39,60 units of terminal devices from the Defendant.

The instant contract is based on the instant prior contract, and the Plaintiff, the Defendant, and the Nonparty Company confirmed that the Plaintiff succeeded to the status of the non-party company under the instant prior contract, on the grounds of the instant prior contract, upon the prior payment of the material cost.

The plaintiff is responsible for organizing and verifying all matters concerning the advance payment of the material cost for the production of the device to the defendant.

Article 2. Prior payment of the material cost may request the Plaintiff to pay in advance the material cost required for the production of the terminal.

Article 3 Where a unit price plaintiff makes a prior payment to the defendant, the unit price shall be 20,000 won per unit (excluding value-added tax).

Article 4 The price for the terminal that the Defendant supplied to the Plaintiff shall be offset against the advance payment of the material cost, and if there is any balance, the Defendant shall pay it to the Plaintiff at the time of completion of the supply of the device, and if there is any shortage, the payment shall be completed before the delivery of the device.

Article 5. The plaintiff at the time of the completion of production and the type of model model model, the plaintiff is responsible for the whole inventory of materials and subsidiary materials owned by the defendant at the time of the completion of production and the suspension or cancellation of the designation of the model supplied by the defendant.