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(영문) 서울중앙지방법원 2019.07.24 2019가합515311

물품대금

Text

1. The Defendant: (a) KRW 2,024,00,000 for the Plaintiff and KRW 15% per annum from January 3, 2019 to May 31, 2019; and (b).

Reasons

1. Basic facts

A. On December 1, 2016, the Plaintiff entered into a purchase agreement with the Defendant on the total six separate machines (C) of the lower court (hereinafter “instant purchase agreement”).

B. The main contents of the instant purchase agreement are as follows.

Article 2 (Contract Goods) The details of contract goods shall be governed by W and E in final estimates.

Article 3 (Methods and Timing for Payment) The defendant shall pay to the plaintiff total amount of KRW 3 billion (excluding value-added tax) in consideration of contract goods.

The plaintiff shall claim the price of goods to the defendant for the following schedule, and the defendant shall pay the price in cash in accordance with the payment standards by the defendant.

1) D- 30% payment within the 30th day of the following month after the issuance of the tax invoice - 50% payment within the 30th day of the following month: payment within the 20th day of the following month following the issuance of the tax invoice at a place designated by the Plaintiff in Korea - payment within the 20%: payment within the 60th day following the issuance of the tax invoice after the issuance of the tax invoice : payment within the 60th day following the issuance of the tax invoice - 60% payment within the 60th day following the following month after the issuance of the tax invoice - payment within 20% after the completion of the tax invoice - payment within the 60th day following the following month following the issuance of the tax invoice : payment within the 60th day of the tax invoice after the issuance of the tax invoice - if the trial operation is delayed due to the Defendant’s fault, the goods payment shall be made within three months after the delivery (no

Article 4 (Time of Supply of Goods)

1. The Plaintiff should complete the supply of contractual goods by September 22, 2017 at the designated place (B factory) of the Defendant under this Agreement.

However, the plaintiff is unable to receive the contractual goods due to the reasons attributable to the defendant (or in the case of changing the place of delivery) and the plaintiff is deemed to have fulfilled the duty of supply, and if the additional costs are incurred to the plaintiff, the defendant is

2. When the Plaintiff supplies goods, the completion thereof shall be notified to the Defendant.

Article 6 (Inspection and Trial Operation)

1. The plaintiff.