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(영문) 대전고등법원 2017.05.17 2016나14636
물품대금
Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

Reasons

1. Basic facts

A. 1) The Plaintiff is engaged in the manufacturing of semiconductors, equipment assembly, etc. under the trade name of C, and the Defendant is a company that mainly carries on the manufacturing of parts of a motor vehicle and the manufacturing of a consortium. 2) On December 10, 2014, the Plaintiff entered into a contract with the Defendant on December 10, 2014 with the Defendant for the “KM SUB LINE” (hereinafter “instant goods”) to be installed in the Mexico factory of the Plaintiff as a transport device transferring parts of the motor vehicle to the prefabricated, and the “KM SUB MINE” (hereinafter “instant goods”) to be installed in the Mexico factory of the Plaintiff by April 10, 2015, at the place designated by the Defendant, and established the OLT (referring to the “OF LININET” as well as the “marcing for trial operation,” and the Defendant shall pay the value-added tax to the Plaintiff by up to 2015.5 billion won (hereinafter “2015 million won”).

Terms and conditions of settlement: 30 per cent of the down payment, 90 per month after the contract, 40 per cent of the intermediate payment, 90 per month after the contract, 20 per cent of the intermediate payment, 90 per month after the FOB, 90 per month after the commencement of the trial, 10 per cent of the outstanding bill, 10 per cent of the outstanding 90 per month, and 90 per month after the FAC.

1. Imposition of a daily penalty of 0.2/10 upon delay in the payment period, and the penalty of up to 10 per cent of the maximum total contract amount.

2. Two times the total contract amount shall be compensated for any non-performance and renunciation of a contract after the contract is concluded;

3.The payment shall be made on the date of payment at our regular date after the receipt of the tax invoice and the statement of transactions.

(The Statement of Trading shall be prepared in the same manner as our order)

5. This order shall have the same effect as the contract.

3) On December 31, 2014, the Defendant issued and delivered to the Plaintiff an electronic bill of KRW 148.5 million, KRW 148.5 million on March 13, 2015, KRW 148.5 million on an electronic bill, KRW 49.5 million on April 8, 2015, and KRW 148.5 million on April 30, 2015, respectively. Around that time, the Defendant issued and delivered to the Plaintiff an electronic bill of KRW 495 million on a total amount of KRW 495 million (the initial note of this case).

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