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(영문) 대구지방법원서부지원 2016.05.13 2015가합6778

물품대금

Text

1. The Defendant paid KRW 5,652,350 to the Plaintiff KRW 6% per annum from November 7, 2015 to May 13, 2016.

Reasons

1. Basic facts

A. The Plaintiff is a company engaged in the presses manufacturing business, and the Defendant, as a company engaged in the manufacturing business of automobile parts, is supplied with gold, etc. necessary for the manufacture of automobile parts by customers including the Plaintiff, and then, manufactures automobile parts and supplies them to Hyundai Automobile Co., Ltd. (hereinafter “On-site Motor”).

(b) Conclusion of a gold-type production and supply contract;

(1) On June 29, 2012, the Plaintiff: (a) concluded a contract with the Defendant for production and supply (hereinafter “first contract”); (b) the supply date determined on December 31, 2012 as the estimate of the Plaintiff’s submission; (c) confirmed that the estimated production amount was the estimated amount based on the estimates, construction methods; (d) the intermediate payment was KRW 503,751,000; (e) the remainder was KRW 571,68,000; and (e) the remainder was 671,668,000; and (b) the intermediate payment was paid at the same time with the contract; and (b) the payment of the remainder after the completion of the production process and the progress rate of production in comparison with the entire products was 90%; and (c) the payment of the construction cost and the remainder was 10% of the construction cost after the completion of the production process based on the sampling’s sampling report.

She. The individual entrepreneur B (the representative director of the plaintiff) who carries on the presses-type manufacturing business with the trade name “A” is presumed to have the amount of 110 punishment to the defendant on June 29, 2012, 673,109.