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(영문) 부산고등법원(창원) 2015.12.24 2014나41
물품대금
Text

1. The judgment of the first instance, including the Defendant (Counterclaim Plaintiff)’s counterclaim claim added at the trial, is as follows.

Reasons

1. Basic facts

A. On October 9, 2010, the Plaintiff engaged in gold-type sales business under the trade name of “C” entered into a contract with the Defendant for manufacturing and delivering ten gold-type 145,200,000 won (hereinafter “instant gold-type”) listed in the separate sheet for CAGEK (hereinafter “each of the instant gold-type”), and the main contents are as follows.

Article 1:Name and Amount CAGE-type 10 gold-type : 145,200,000 won: The date of delivery shall be manufactured and supplied within 35 days from the date of the contract.

The plaintiff shall proceed first with respect to the first class 1, and shall proceed with the development of the remaining nine categories upon completion of the development.

Article 3:Method of Production

1. The Plaintiff shall design the specifications provided by the Defendant and supply them according to the drawings approved by the Defendant.

(Manufactures in accordance with estimates and the contents of consultations) - at least 200 other SPM, QDC devices, and other matters of consultation,

2. The Plaintiff is also established and run at the time of trial, as well as the completion of loading.

3. After the supply, the Plaintiff shall submit all the gold-form drawings and stong drawings at the time of completion of the trial operation.

Article 4:Conditions for Payment of Price

1. Advance payment: After concluding a contract, only the down payment for the first class 1 out of the total amount of the contract shall be made in advance, and the remainder shall be run separately for the second class 9;

2. The primary balance: When there is no defect after the gold-type supply.

3. The second balance: The performance of contract and the guarantee of down payment shall be guaranteed when there is no defects from the time of trial operation and the delivery of products after the delivery of gold-type.

1. Upon the conclusion of this contract, the Plaintiff compensates the Defendant for the total amount paid upon the non-performance of the contract.

(60 days or less) Article 7: Prohibition of subcontracting shall be directly manufactured by the plaintiff, and no subcontract shall be made to a third party without the prior written consent of the defendant.

Article 9:In the case following the condition of cancellation, the defendant does not consent to all or part of this contract to the plaintiff.

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