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(영문) 청주지방법원 2018.10.30 2017가단112539

물품대금

Text

The defendant shall pay to the plaintiff KRW 133,200,000 per annum from January 24, 2018 to October 30, 2018 and the next day.

Reasons

1. Basic facts

A. The Plaintiff Company is a corporation whose business purpose is automobile, ship, electricity, and electronic presses management, and the Defendant Company is a corporation that manufactures and trades gold papers and components for automobiles.

B. On June 14, 2017, the Plaintiff Company and the Defendant Company concluded a gold-type production and supply contract with the following content.

(1) Purpose of contract: ① Completion of C1SE gold-type ② D 1SE-type completion (2): Beneficiary of 148,000,000 won (value-added tax separate): Defendant’s customer company’s delivery method: Defendant’s customer company’s shipment (5) time of payment to arrive at a designated place of the Defendant’s customer company: After checking the Defendant’s customer company’s arrival at a designated place, Defendant’s customer company’s quality verification was obtained from Defendant’s customer company;

C. On August 7, 2017, the Plaintiff notified the Defendant’s customer company (E) of the production of the instant gold model, and the Defendant’s customer company visited the Plaintiff’s factory to undergo the examination process, and then notified the Plaintiff that he obtained quality confirmation and sent an e-mail indicating the purchase intent to the Plaintiff, and the Plaintiff sent the e-mail notifying the Defendant of the shipment schedule according to the Defendant’s customer company’s approval.

On August 17, 2017, the delivery date of the penalty of this case, the Defendant visited the Plaintiff’s factory on August 17, 2017, which was the delivery date of the penalty of this case, and completed delivery of the penalty of this case to the Defendant’s company located in Germany designated by the Defendant’s customer, in the presence of the Defendant at least 21 days from the same day.

E. On July 21, 2017, the Defendant paid KRW 29,600,000 out of the instant gold price.

[Ground of recognition] Evidence Nos. 1-1, 2, A-2, 3-1 through 3, Gap evidence Nos. 4-1, 2, Gap evidence Nos. 5-1, 2, and Eul evidence Nos. 2, and the purport of the whole pleadings.