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(영문) 수원지방법원 2016.09.22 2016가합175
용역비
Text

1. The Defendant shall pay to the Plaintiff KRW 218,583,246 and the interest rate of KRW 15% per annum from December 12, 2015 to the date of full payment.

Reasons

1. Basic facts

A. On February 28, 2015, the Defendant, a company engaging in the wholesale and retail business of electronic parts, concluded a contract on goods supply with Samsung Electronic and SK Haak for the supply of semiconductor machinery to Samsung Electronic and SK Haak. (hereinafter “Scom”) to supply semiconductor machinery.

B. On April 2015, the Defendant concluded a contract on the supply of parts with the Plaintiff, which is a company engaged in the manufacturing of primary machinery, to process and supply necessary parts for the said machinery.

(hereinafter “instant parts supply contract”). C.

Afterward, the defendant sent to the plaintiff a business cooperation letter stating that the tax invoice for the cost of parts to be issued in the future will be issued in the future. The main contents are as follows:

Business Cooperation Guide

2. The issuance of tax invoices to the Defendant is requested to cooperate in the low-speed roads issued as compliance.

- At least 1,00,000 Won per month, each exchange shall be issued as e-mail, and the settlement shall be issued as electronic bonds or electronic bills, and the discount fees incidental thereto shall be paid from e-mail. However, the issuing order shall be made with the person in charge of the Defendant before the issuance of the tax invoice, and after confirmation, - the issuing order shall be issued as e-mail, and the statement of the delivery shall be issued as e-mail,

3. Enforcement: April 1, 2015;

The Plaintiff supplied parts to the Defendant from April 2015 to July 2015 in accordance with the business cooperation text, and issued a tax invoice in the name of speculative seacom four times. However, the Plaintiff did not receive total of KRW 111,738,946 for the parts supplied during the pertinent period because no electronic bond was issued or an electronic bond already received was finally settled.

E. The Plaintiff re-issued the tax invoice on KRW 111,738,946 as of September 15, 2015 for the unpaid parts in the future of the Defendant.

F. The Plaintiff’s price for parts supplied from August 2015 to October 2015.

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