(영문) 대구지방법원경주지원 2015.03.20 2014가합956

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(영문) 대구지방법원경주지원 2015.03.20 2014가합956

물품대금

Text

1. The defendant shall pay to the plaintiff KRW 91,520,000 and KRW 21,230,00 among them, from December 15, 2004, KRW 70,290,000.

Reasons

1. Basic facts

A. The Plaintiff and the Defendant concluded a contract with the Plaintiff to deliver stone necessary for park graveyards, etc. to the Defendant, etc. as follows:

(hereinafter referred to as “instant supply contract”). The Defendant, and B: The purpose of the contract is to place an order to B for stone resources necessary for park cemeteries, personal mountain, etc. traded by the Plaintiff 1 (the purpose of the contract) and to supply stone materials at the place and date designated by the Party A, and the Party B must pay Party B for stone materials.

Article 3 (Supply of tins) B shall supply the first minute within 30 days from the date of the contract, and from the second minute, it shall be supplied in proportion to the quantity of tins sold in lots.

Provided, That if necessary, the quantity of delivery may be adjusted through mutual consultation.

The name, quantity (unit price) (unit price) (unit price) of the 6th-type Seoul Park 12-type 12-type 1,580,000-type 18,960,000-type 16-type 2,150,000-type 25,800,800-type 27-type 2,950,000-type 24-type 20,650,6500-type 16-type 16-type 1,40,500-type 1,400-type 1,500-type 1,500,000-type 3,000-type 3,000,000-type 1,80,0000-type 1,800,800,800-type 3710,000-type 7104]

1. A shall immediately install and sell tins after being supplied with them, and close tins the sales of which is completed shall be closed on the 15th day of each month and deposited at the old account of the bank designated by B on the 16th day of each month;

2. Even if the sale in units is inside, in principle, the primary delivery stone shall be paid within three months, and the secondary supply stone shall be paid within 45 days by Party A in full to Party B;

Article 5 [Classification of Services] B shall manufacture stone only and arrive at the site only, and loading and unloading and selling stone shall be borne by A.

VI.[Cooperation in Business] A shall sell the tin only on the basis of B, but may handle the tins of other companies that do not overlap with B, and shall give prior notice to B.

B. Under the supply contract of this case, the Plaintiff supplied 70,290,000 won (including value-added tax) to the Defendant on October 25, 2004.

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