(영문) 수원지방법원안산지원 2016.12.22 2016가합834

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(영문) 수원지방법원안산지원 2016.12.22 2016가합834

물품대금

Text

1. The Defendants shall jointly and severally serve as the Plaintiff KRW 1,156,763,972 and as a result, from June 2, 2014 to October 17, 2016.

Reasons

1. Basic facts

A. The Plaintiff is a corporation that carries on the business of manufacturing and selling electronic parts, and Defendant B (hereinafter “Defendant Company”) is a corporation that aims at creating and coordinating information technology, importing and wholesaleing computers and their peripheral devices, and Defendant C is the representative director of the Defendant Company.

B. On April 22, 2011, the Plaintiff entered into a commodity supply transaction contract with the Defendant Company (hereinafter “instant contract”) with the following terms, and D, the representative director of the Plaintiff at the time, and Defendant C, the representative director of the Defendant Company, jointly and severally guaranteed the obligations of the Plaintiff and the Defendant Company.

Defendant Company (hereinafter referred to as “A”) and the Plaintiff (hereinafter referred to as “B”) enter into a contract with respect to the product ordered by “A” as follows:

Article 1(Purpose of this Agreement) The purpose of this Agreement is to make and supply goods to “A” by awarding a contract for materials to “B” and to form and maintain a fair transaction relationship between “A” and “B” in purchasing them. The purpose of this Agreement is to ensure that “A” and “B” perform their respective duties in good faith in accordance with this Agreement.

Article 2 (Establishment of Individual Contract) The term “A” refers to the case where “B” requests the production of “A” by the order of “A”, and “B” refers to the case where there is no written refusal, modification, or other notification within five business days from the business day after the receipt of the written order, “B” refers to the case where “B” accepts the order of “A”.

Article 5 (Payment of Price)

1. “B” shall claim the price for the transaction products as of the end of each month, and “A” shall pay the claim price in cash for 60 days after the end of each month.

“A” shall claim “A” to “A” for the price, including the processing cost, in M/C (including management expenses, 3.5%), and “A” shall pay “A” in cash for 60 days after the end of each month.

Provided, That from October 201 to the end of the month.

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