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(영문) 인천지방법원 2019.05.14 2017가단222985
물품대금등
Text

1. The Plaintiff (Counterclaim Defendant) paid KRW 26,587,994 to the Defendant (Counterclaim Plaintiff) and against this, from December 3, 2017 to May 14, 2019.

Reasons

1. Basic facts

A. The Plaintiff is a corporation that carries on the business of manufacturing and installing automatic control measuring equipment, and the Defendant is a corporation that carries on the supply of steel manufacturing process equipment.

B. On February 22, 2013, as indicated in attached Table 1, the Plaintiff and the Defendant concluded a contract for supplying goods to the owner, the Plaintiff’s producer, the amount of 440,000 U.S. (including value-added tax), the place of delivery, the place of delivery, the terms and conditions of payment on the Defendant’s designation, 20% at the time of the contract, 40% at the time of storage of foreign goods, 30% after delivery, and 10% after the completion of trial (hereinafter “instant 1 contract”).

B. On May 9, 2013, the Plaintiff and the Defendant entered into a contract to supply goods to the owner, the Plaintiff, the manufacturer, the amount of which is KRW 126,50,000 (including value-added tax), the delivery date of which is June 20, 2013 and July 15, 2013; 20% of the payment terms and conditions; 70% after delivery; and 10% after completion of trial run (hereinafter “instant second contract”).

C. As indicated in attached Table 3, the Plaintiff and the Defendant concluded a contract for the supply of goods with the ordering person, the Plaintiff’s producer, the amount of KRW 165,00,000, the delivery date on July 20, 2013; the delivery date on the B-S factory; 20% at the time of the supply contract; 70% after the delivery; and 10% after the delivery; and the remainder of 10% (hereinafter “instant third contract”); and hereinafter “each of the instant contracts”).

The Plaintiff received 90% each of the amounts stipulated in each of the contracts of this case from the Defendant.

[In the absence of any dispute, entry in Gap's 1 through 3, and Nos. 6 (including evidence with a serial number), the purport of the whole pleadings]

2. To arrange the arguments of the parties and key issues;

A. The Plaintiff’s summary of the Plaintiff’s main claim completed all the implementation stipulated in each of the instant contracts.

However, according to each of the contracts of this case, the defendant is required to pay 10% of the contract amount after the completion of trial operation, but the trial run is conducted by the defendant within a certain period of six months.

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