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(영문) 수원지방법원 안양지원 2017.02.03 2016가단101189

약정금 등

Text

1. The plaintiff's claim is dismissed.

2. The Defendant: (a) on November 21, 2015, to the Intervenor succeeding to the Plaintiff, KRW 92,400,000; and (b) on the part of the Intervenor succeeding to the Plaintiff.

Reasons

1. Basic facts

A. On June 1, 2015, the Plaintiff and the Defendant concluded a contract with the Plaintiff to produce and supply the goods to the Defendant at KRW 132,00,000,000 for the entire price for the PH2 SH2 SP program and the non-usages.

Article 9 (Price Payment and Method) (1) A of the Standard Subcontract Agreement for Software Business (A: the defendant, B: the plaintiff) (1) A shall pay the price for supply to B within a period fixed as short as possible within 60 days from the date of receipt of the object.

(2) Where the date of payment is not determined, the sixty days after the object is received, shall be deemed the payment date of the price.

The contract amount: 132,00,000 won (the date of completion: 30% of the down payment, 50% of the intermediate payment (the point of time of FOB), and 20% of the balance (after completion of construction: after receipt of the completion report, and anticipated at the end of November, 2015) ① Article 15 (Receipt and Examination) (1) Where Party A delivers the object to Party B, it shall immediately issue to the subcontractor a certificate of receipt even before the examination of the said object.

(2) A shall notify B of the results of examination in writing within 10 days from the date of receipt of an object from B, except in extenuating circumstances, and if A fails to notify within this period, he/she shall be deemed to have passed an examination.

Article 29 (Special Conditions) Any matter not provided for in this Agreement may be determined by a special agreement between A and B, but shall not violate the purpose of the basic agreement.

(1) The period for the program A/S in the BH2 PH2 shall be one year.

(2) When it is difficult to set A/S for a non- television and non- television program due to unavoidable circumstances, Gap shall use it.

B. On September 22, 2015, the Plaintiff delivered the subject matter of the said contract to the Defendant.

[Ground of recognition] Facts without dispute, Gap evidence 1, witness Eul's testimony, the purport of whole pleadings

2. Determination on the Plaintiff’s claim.