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(영문) 대구지방법원 2015.11.26 2015나6935
매매대금
Text

1.The judgment of the first instance shall be modified as follows:

The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) is KRW 46,480,000.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. 1) The Plaintiff is an individual entrepreneur engaged in import-sale business with the trade name of “C”. 2) The Defendant receives and supplies meat processing orders from the lower forest Co., Ltd. (hereinafter “Ham”) to a company engaged in meat processing business, etc. by obtaining the orders for meat processing from OEM.

B. On May 21, 2013, the Plaintiff entered into a contract for the supply of goods between the Defendant and CFS Unix 1,000 mix 10,000 mix 200 mpt mpt 115,500,000 mpt 2000 mpt mpt 2000,000 won (value added tax separate) and the goods to be supplied as 21 days from the date of the payment period. The main contents of the instant contract are as follows (hereinafter referred to as the “instant mixing,” and the said contract “instant contract”).

(ii)Article 3 (Conditions for Settlement);

1. Contract deposit: 30%, 300,000 won (Won 34,500,000) - Payment of bills for three months after submission of performance guarantee securities (100%) separate from VAT (payment of bills for three months);

2. Balance: 70%, sale thousand won (Won 80,500,000) - VAT separate (payment of a bill or note within 15 days after the completion of the supply of goods) Article 4 (Defect warranty) warranty period (A/S) shall be six months after the completion of the inspection and shall submit the warranty warranty performance certificate when the remainder is paid.

(hereinafter referred to as "A" after normal operation of machinery and equipment and product production have been completed after the installation of Article 5 (Examination) and the completion of trial operation, shall be deemed to have been completed when the notice of the completion of the examination department of "A" is given.

Article 6 (Compensation for Delay) Where the "B (Plaintiff)" fails to perform the contract within the period of this contract, he/she shall pay the penalty for delay equivalent to 3/1000 of the contract amount per day for the number of delayed days.

Provided, That this shall not apply where the permission for postponement of "A" has been obtained due to natural disasters, etc.

Article 10 (Matters of Special Agreement)

1. be executed in accordance with the estimates submitted by “B”.

2...

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