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(영문) 수원지방법원안산지원 2016.01.28 2015가단107038
약정금
Text

1. The Defendant shall pay to the Plaintiff KRW 95,478,944 and a rate of KRW 25% per annum from April 1, 2015 to the date of complete payment.

Reasons

1. Determination on the cause of the claim

(a) The facts under the recognition do not conflict between the parties, or are recognized by the statements in Gap evidence Nos. 1, 2, 3, 4, 6, 9-1, and 3.

(1) The Plaintiff is a corporation that manufactures and processes automobile parts inspection equipment and automobile parts automation systems, and the Defendant is a corporation that sells and manufactures automobile parts.

(2) On October 10, 2014, the Plaintiff and the Defendant concluded a basic agreement with the effect that the Plaintiff manufactured or purchased goods ordered to the Plaintiff based on the drawings, specifications, specifications, and process prepared or approved by the Defendant, and deliver them to the Defendant by the contract period, and the Defendant paid the price to the Plaintiff.

In addition, in accordance with the above basic agreement, the defendant ordered the plaintiff 430,000,000 won (excluding value-added tax) for a total of 16 vehicles to the plaintiff on the same day, and accepted it by the plaintiff.

(3) The Defendant paid to the Plaintiff advance payment of KRW 141,90,000 (including value-added tax) on the date of the instant contract. On December 10, 2014, the Plaintiff delivered eight consortiums to the Defendant. On January 2, 2015, the Defendant paid KRW 141,90,000 (including value-added tax) to the Plaintiff.

The main contents of the instant agreement shall be 126,79,040 won (excluding value-added tax) for settlement under the instant agreement.

The defendant shall pay the plaintiff KRW 40,000 (excluding value-added tax) by March 8, 2015, and KRW 86,79,040 (excluding value-added tax) by March 1, 2015, and KRW 86,79,040 (excluding value-added tax) by March 31, 2015, and if the defendant delays it, he/she shall pay the unpaid principal plus 30% delay damages.

The plaintiff delivered four consortiums to the defendant on March 8, 2015, and the defendant is accepted.

The defendant shall be deemed to assume all the responsibilities of the plaintiff as soon as he takes over the consortium from the plaintiff.

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