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(영문) 부산지방법원동부지원 2016.10.26 2016가단200943

매매대금

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a person who runs gold-type manufacturing business with the trade name of C, and the Defendant is a person who runs the wholesale business of automobile parts, etc. under the trade name of D.

B. On June 12, 2014, the Plaintiff entered into a gold production contract with the Defendant and Sampo Information and Communications Co., Ltd. with the following content:

(hereinafter referred to as “instant First Agreement”). Article 2 Models: 5Wlingle Bar (total 10 kinds) no model name product amount of 15Wringle LEDF type, 10,000 won (including additional tax) for the Defendant and Sampo Information and Communications Co., Ltd. Article 3: (a) for the Plaintiff, the amount of KRW 20,000,000 shall be paid to KRW 14,000,000 for the total production amount of KRW 20,000 after the date of signing the contract, and the balance of KRW 6,00,000 shall be paid after the completion of gold approval.

The down payment shall be shared by 50% by the Defendant and Sampo Information and Communications Co., Ltd., and the Defendant’s contributions shall be paid to the Plaintiff in the name of Sampo Information and Communications Co., Ltd., for which advance payment was made, and the remainder after the completion of production shall be paid to the Plaintiff each of the Defendant and Sampo Information and Communications Co.

Any balance (30%): The report on the completion of the gold-type under Article 4 within 15 days after the completion of the approval of the gold-type shall be July 25, 2014, and the time of passing the standards for inspection as determined by the Defendant, Sampo Information and Communications and Communications and the Plaintiff.

Provided, That in the event of problems after Try1, the third party may re-ordinate the completion schedule through consultation.

(W) All the documents, such as the inspection report and the gold-type custody certificate, shall be submitted by the plaintiff within the payment period at the request of the defendant. Article 5 of the defendant shall, if the payment period has been delayed due to the plaintiff's circumstances, claim to the plaintiff an amount equivalent to 3/100 of the total contract amount per delay,

(The compensation for delay may be deducted from the amount of gold production through consultation between the plaintiff and the defendant) Article 6, the plaintiff shall conduct a gold test in accordance with the examination standards of the defendant at the place determined by the defendant.