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(영문) 서울고등법원 2018.01.18 2016나235
물품대금
Text

1. The judgment of the court of first instance is modified as follows.

The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) is 52,238,436 won and 52,238,436.

Reasons

(c) be delivered promptly upon request of documents or data;

Article 6 Conditions for Payment of Price

1. Contract price (including VAT): Additional estimate;

2. 1) Conditions for advance payment: The remainder payment may be made at the request of “B” within 50% (10% advance payment, 40%) of the contract amount; 2) the remainder payment shall be made in full into the designated account of “B” within seven days from the date on which the payment was made after the completion of the supply of “A”.

Article 7 "B" shall pay to "A" the amount calculated by multiplying the rate of liquidated damages (0.15%) by the contract price for each number of days of delay when the goods have not been supplied within the delivery period specified in the contract.

Serial No. 1 TE28F256J3125 (32Myte)/16BIT 27,200 43,520,520,00 2 LEA-5S U-BS 1,750 22,260 38,955,000 8 3 SL1206 GaE 1,600 GaE22,000 1,675 22,042,040,000 8 1,515,000 22,00,000 8 1,515,000 - value-added tax settlement terms - 50% - 50% of the total 104,515,000 -

C. The supply contract of this case is accompanied by a written estimate (No. 1, hereinafter referred to as the “written estimate of this case”) with the following contents as follows:

(A) Article 1 (Purpose of Contract) The purpose of this Agreement is to prescribe general matters for the supply of PDA control and circuit parts for telecommunication devices between "A" and "B" (the defendant) and the Defense Acquisition Program Administration (the plaintiff) with respect to PDA control and communication devices, and to promote common interests and development by faithfully complying with this Agreement through mutual cooperation.

Article 2 (Rights and Duties between Subcontractors) “B” shall produce, manufacture, and deliver circuit boards for PDA main control and communications for PRE (Performance Improvement Location Report Connection Devices) by the Defense Acquisition Program Administration, and “A” shall pay the price to “B”.

The term "A" and "B" have their rights and duties as a collaborative company, respectively.

§ 4.

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