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(영문) 부산지방법원 2016.09.07 2015나40811

물품대금

Text

1.The judgment of the first instance shall be modified as follows:

The defendant shall pay to the plaintiff KRW 32,075,625 and to the plaintiff on May 2013.

Reasons

1. Facts of recognition;

A. The Plaintiff is an individual entrepreneur who manufactures gold, automobile parts, etc. under the trade name of “D”.

The defendant is a company that runs the manufacturing and wholesale business of electronic parts, etc.

B. On August 30, 2012, the Defendant was selected as a bidder for a purchase contract for the non-electric-related goods at the Army Headquarters, and entered into a contract with the Army Headquarters for “AM-free electric-related items 106 items purchase.” Of the said goods, the Defendant decided to supply 25 items by December 14, 2012, by setting 89 won per unit price of 448,617, and supply 64 items by December 14, 2012.

Since then, the Defendant’s drawings ( Q5012161 to Q5012183) on the instant goods from the Army Headquarters ( Q501 to Q5012183) Q5012161 are drawings on finished products of the instant goods, and Q5012 to Q5012183 are drawings on each part constituting the instant goods.

Delivery of samples and samples has been made.

C. On November 2012, the Defendant requested the Plaintiff to submit a written estimate at the time of delivery of the drawing for the instant goods. On November 8, 2012, the Plaintiff issued a written estimate stating KRW 469,500 per 1SE to the Defendant.

On November 9, 2012, the Defendant entered into a contract with the Plaintiff for the manufacture of the antenna bed (hereinafter “instant contract”) and leased samples to the Plaintiff on the same day.

Article 1 (Details of Goods) The plaintiff shall manufacture the following goods in accordance with military specifications and specifications provided by the defendant and deliver them to the places designated by the defendant:

1. The name of a product: Sacker and antenna support unit;

2. Size and quantity: (i) The unit price for Q50121612.2): 350,000 won: The quantity shall be 90EA Article 2 (Delivery of Goods).

1. Place of delivery: The place designated by the defendant;

2. Date of delivery: Within December 7, 2012;

Provided, That the prototype shall be manufactured and supplied with 2 sets so that it may be inspected on November 26.

Article 4 (Method of Making Contract Price and Paying Price)

1. Contract amount: 31,50,000 won, and Appendix 2.3