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(영문) 서울동부지방법원 2018.11.30 2017가단143565

물품대금

Text

1. The Plaintiff:

A. Defendant A Co., Ltd. shall pay KRW 104,567,600 and its payment from January 9, 2018.

Reasons

(1)6 months after the order of KRW 000,000 (excluding surtax) (1) the goods to be supplied are:

② The Plaintiff and the Defendant Company may change the payment period through mutual consultation on the basis of the foregoing paragraph (1), and the Defendant Company shall do its best to reduce the payment period to a minimum extent.

Article 2 (Contract Deposit) (1) Total contract amount is (unit price x ordered quantity, and VAT separately).

(2) 40% when a contract is concluded, 30% when a prototype is delivered, and 30% when the delivery is completed.

(3) The Defendant Company shall issue a performance bond bond and offer it to the Plaintiff to perform the above contract in good faith.

Article 3 (Period for Manufacturing Pilot Products) The defendant company shall produce prototypes within 120 days from the date of the contract and obtain permission for the production of finished products from the plaintiff.

Article 4 (Inspection) The defendant company shall complete an examination of the products produced by the plaintiff, a person designated by the plaintiff, or an institution.

Provided, That the standard of examination shall be the fulfillment of the attached specifications.

* Products produced under Article 5 (Disposal of Unqualified Products) of the No. 5 (Disposal of Unqualified Products) are classified as products that can be shipped normally in accordance with the inspection criteria under Article 4, and the inferior quality shall be taken immediately at the time of inspection.

Article 6 (Supply of Products) (1) Supply of products shall be limited to the quantity which has passed the plaintiff's inspection.

C. The main contents of the instant commodity supply contract are as follows.

According to the instant goods supply contract, the Plaintiff paid KRW 72,60,000, equivalent to 40% of the contract amount on July 29, 2015, to the Defendant Company. The Plaintiff paid KRW 72,600,000, which was around the time of delivery of prototypes, additionally paid KRW 72,60,000 on November 24, 2015.

E. The Plaintiff and the Defendant Company agreed to extend the delivery period of the instant camera by July 31, 2016, following the process of replacing and supplementing parts of prototypes manufactured by the Defendant Company.

The 39 products supplied by the defendant company to the plaintiff by the extended delivery deadline are 39 products.

F. The Plaintiff is the Defendant on May 15, 2017.