(영문) 수원지방법원 2019.07.16 2018가단25263

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(영문) 수원지방법원 2019.07.16 2018가단25263

물품대금

Text

1. The Defendant (Counterclaim Plaintiff) against the Plaintiff (Counterclaim Defendant)

(a) KRW 36,500,000 and this shall be from April 16, 2018 to May 2019.

Reasons

We also examine the principal claim and the counterclaim claim.

1. The following facts are acknowledged as either a dispute between the parties or in full view of Gap evidence Nos. 1 to 4, Eul evidence Nos. 1 and 2, and the purport of all pleadings.

A. On March 28, 2018, the Plaintiff and the Defendant entered into a gold contract with the effect that the Plaintiff will produce the gold punishment of this case and deliver it to the Defendant (hereinafter “the gold contract of this case”) upon the Defendant’s order. Of the gold contracts of this case, the parts relating to this case are as follows.

Article 4 (Payment for Contract Deposit) (1) 30,000,000 won of down payment shall be paid on March 28, 2018, and the intermediate payment of KRW 35,000,000 shall be paid on April 15, 2018, and a penalty shall be completed by April 30, 2018 immediately beginning with the production of gold at the same time as the down payment and the intermediate payment are fully paid.

(2) In principle, the price under paragraph (1) shall be cash transactions, and the plaintiff may refuse to deliver the price in the form of gold.

(3) Any balance of KRW 10,000,000 shall be paid simultaneously with the completion of gold punishment.

Article 5 (Pilot Products) (1) The plaintiff shall produce prototypes in advance prior to the final production of gold punishment, and conduct tests through the relevant products to the defendant, and correct errors, designs, etc.

Article 7 (Delivery, etc.) (1) The delivery of gold punishment under this Agreement shall be borne by the plaintiff prior to the delivery by the plaintiff to the defendant's workplace.

② The Plaintiff shall ensure that gold production is carried out in compliance with the delivery date requested by the Defendant, thereby not hindering the Defendant’s production process.

B. On March 28, 2018, the Defendant paid to the Plaintiff KRW 30,00,000,000, out of the price of the instant gold contract, and KRW 5,000,000, out of the intermediate payment on June 28, 2018, respectively.

2. According to the facts based on the judgment on the claim of the principal lawsuit, the Defendant, barring any special circumstance, shall pay the Plaintiff the price of KRW 82,500,000 = 75,00,000 for the instant gold contract.

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