물품대금
1. The Defendant (Counterclaim Plaintiff) paid KRW 77,056,750 to the Plaintiff (Counterclaim Defendant) and its amount from January 21, 2015 to September 30, 2015.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
Basic Facts
A. On October 16, 2013, the Plaintiff entered into a supply contract with the Defendant for completion of the following (hereinafter “instant contract”).
Article 1 (Purpose) The purpose of this Agreement is to provide for the basic matters in the supply of finished products (B) to which the Plaintiff (Plaintiff) was entrusted with the manufacture, etc. by the Defendant (Defendant) and in the payment of the price to Party A, and to pursue the common prosperity development by mutual guidance and the principle of good faith.
Article 2 (Individual Contracts)
1.This Agreement shall apply for each individual transaction, subject to consultations between A and B, to a production request and other transaction contract set forth in consultations between A and B, and shall comply with this Agreement and the individual contract between A and B.
2.In each individual contract, details of the transaction, such as the description of the goods, the production quantity by STYLO, SZE, the payment period, the place of delivery, the inspection and unit price, the PACKING method, etc.
3. An individual contract shall be concluded upon Gap's issuance of a written request for production, etc., stating the details of transactions referred to in the preceding two paragraphs, and Eul's consent thereto.
4. If it is necessary to amend the terms of an individual contract, the amendment shall be made through consultation between A and B.
Article 9 (Certificate of Supply and Receipt of Goods)
1. The delivery of products shall be deemed to have been delivered only for the quantity passed a test by Party A;
2. B shall strictly maintain the payment period under the conditions as stipulated in each contract, and the carrier shall also make the products under the responsibility of B to the place designated by A; and
3. When supplying Eul products, Gap shall promptly deliver a certificate of receipt to Eul unless it is returned due to any cause attributable to Eul's liability.
B. From November 1, 2013, the Plaintiff produced B following the Defendant’s request and delivered B to C’s freezing storage, military unit, etc., and on the quantity of goods delivered to the Defendant from January 7, 2014 to January 7, 2014, the supply price of 130,097,045 won as of December 31, 2013, and the tax amount of 13,009,705 won as of December 31, 2013.