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(영문) 서울중앙지방법원 2017.06.13 2016가합510520
물품대금
Text

1. The Plaintiff (Counterclaim Defendant) paid KRW 2,184,622,994 to the Defendant (Counterclaim Plaintiff) and its related amount from May 13, 2017 to June 13, 2017.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Plaintiff as a party is a company with the objective of designing and manufacturing automation machinery. The Defendant is a company with the objective of performing multiple functions, such as research and development of electronic devices, information and communications devices, systems of automation devices, hardware and software, manufacturing, manufacturing, trade, sales, distribution, technical advice, services, and service businesses.

B. 1) On February 1, 2013, the Plaintiff entered into a product manufacturing contract with the Defendant, and the Plaintiff’s PIO AVN product of Hyundai/AV (hereinafter “instant product”).

) A contract for the manufacture of products with the content of producing and delivering them to the Defendant was concluded (hereinafter “instant supply contract”).

(2) Accordingly, the Plaintiff supplied the instant product to the Defendant from February 1, 2013 to December 2, 2015. (2) Of the contracts entered into between the Plaintiff and the Defendant at the time of the instant supply contract, the content relating to the instant case is as follows.

Article 2 (Contract for Production of Products)

1. “Contract Products” means Products PIO AVN of Hyundai/M AVN of Hyundai/M Vehicle, which is developed by the “Defendant” and requesting “Plaintiff” to produce and supply, and in particular, this Agreement consists of PIO AVN products of Hyundai/M vehicle YF type, LM type, XM type, and DM type.

With respect to the types, etc. of modern/arche vehicles or the types, etc. of other vehicles which are not specified in this Agreement, during planning/development, etc. of the relevant products, "Defendant" and "Plaintiff" may be included in "contractual products" in consultation separately.

2. The “Defendant” shall provide the “Plaintiff” with free of charge the raw and subsidiary materials necessary for the production of “contractual products”, and the “Plaintiff” shall process and assemble the raw and subsidiary materials provided by the “Defendant”, and shall produce and supply “contractual products.”

Article 4 (Haircut)

2. The “Defendant” shall confirm to the “Plaintiff” three months prior to the delivery the expected volume of the goods supplied for the Forast and two months prior to the delivery.

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