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(영문) 전주지방법원군산지원 2020.12.17 2019가합137
물품대금
Text

1. The Defendant’s KRW 127,431,150 for the Plaintiff and KRW 6% per annum from August 1, 2018 to December 17, 2020, and the following.

Reasons

1. Basic facts

A. The Plaintiff is a company established for the purpose of designing and manufacturing a special heat exchange machine, and the Defendant is a company established for the purpose of constructing freezing facilities.

B. On August 31, 2016, C Co., Ltd. (hereinafter “C”) entered into a contract with the Defendant on August 31, 2016 under which C would be supplied with temperature control facilities (hereinafter “instant supply contract”) necessary for the said construction from the Defendant (hereinafter “instant facilities”) while performing the construction of the name “D” in Kuwait. The payment was paid 15% as the first intermediate payment, 10% as the second intermediate payment, 65% as the second intermediate payment, and 10% as the remainder.

C. On October 26, 2016, the Plaintiff and E (hereinafter “E”) entered into a contract with the content that the Plaintiff will produce and supply six products of the troke-type jacker (hereinafter “ACC”) which are parts necessary for the instant facilities (hereinafter “E”), and entered into a contract with the effect that the Plaintiff will additionally supply one product of the ACC (hereinafter “instant 1 contract”) on January 19, 2017. The main contents of the instant contract related to the instant case are as follows.

On October 26, 2016, the contract date of the contract of USD 1,155,00 for six ACC products of this case, the contract date of October 26, 2016 to August 31, 2017, KRW 15,250 for the first intermediate payment of USD 10% for the second intermediate payment of USD 115,50 for the third intermediate payment of USD 65% for 750,750 for the third intermediate payment of USD 10% for the remainder payment of USD 105,50 for the second intermediate payment of USD 15,00 for the second intermediate payment of USD 15,00 for the second intermediate payment of USD 95,00 for the second intermediate payment of USD 105,00 for the second intermediate payment of USD 15,00 for the second intermediate payment of USD 15,000 for the contract date of this case, the contract term of this case is 15,017.

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