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(영문) 대전지방법원천안지원 2014.01.17 2013가합2088
물품대금
Text

1. The Defendant shall pay to the Plaintiff KRW 40,156,322 and the interest rate of KRW 20% per annum from June 20, 2013 to the day of full payment.

Reasons

1. Basic facts

A. The Plaintiff (hereinafter “Plaintiff”) is a stock company aimed at the development, manufacture, sale, lease, service business, etc. of electronic and electrical products, and the Defendant is a stock company with the aim of developing, manufacturing, selling, leasing, and providing telecommunications equipment.

B. On May 23, 2012, the Plaintiff and the Defendant entered into a basic contract on the discretionary processing transactions in which the Plaintiff produced satellite mobile phone parts (a model name: XT and XT D) and supplies them to the Defendant (hereinafter “instant basic contract”).

C. Accordingly, the Plaintiff and the Defendant set the unit price for clinical processing on May 23, 2012 XT model at KRW 13,000, and the same year.

9.12. Among the water of this case, each of the individual contracts (hereinafter referred to as "the individual contracts of this case") with the content of the unit cost for the clinical processing of XT DNA model 20,500 won was concluded. D.

According to the above basic contract and individual agreement, from May 2012 to December 2 of the same year, the Plaintiff produced and delivered the X-T model and X-TD model according to the Defendant’s order. The Defendant paid all the contract price up to November of the same year, while the Defendant did not pay the total of KRW 173,596,060 for the contract price up to December of the same year.

E. On January 30, 2013, the working professionals of the Plaintiff and the Defendant held a meeting on how to deal with the defective parts among the goods supplied by the Plaintiff, and as a result of the meeting, agreed on the amount to be determined later.

F. Accordingly, on January 31, 2013, the Defendant: (a) to the accounting officer of the Plaintiff on the Plaintiff’s side, there is a defect in the level of KRW 909,206, and KRW 24,366,692 in the model part of XT (1j) model among the goods supplied by the Plaintiff; and (b) to the Plaintiff, the Plaintiff should pay the sum of the said sum to the Defendant, as otherwise,.

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