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(영문) 수원지방법원 2017.02.27 2015가단127472
물품대금
Text

1. The Defendant’s KRW 10,600,000 as well as 5% per annum from July 11, 2015 to February 27, 2017 to the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff is a company that runs gold-type processing business, etc., and the Defendant is a company that carries on the processing of stamping, parts assembly, industrial equipment, and gold-type manufacturing business with the trade name “B.”

B. The Defendant entered into a contract with Nonparty 1 for a clinical processing with the content of producing and supplying 600,000 pieces of PRES 600,000, which is the gas bags for the main purpose, and ordered the Plaintiff to manufacture gold products for the foregoing main purpose.

C. Accordingly, on November 10, 2014, the Plaintiff and the Defendant produced and supplied 50 million won (excluding value-added tax) for 50,000,000 won (value-added tax), REAR-PEL for 120,000 won (excluding value-added tax) within 10,000 won of the goods. Within 10,000 won of the goods, 36,000 won of the down payment shall be paid within 15 days from the date of the contract, 48,000 won of the intermediate payment and 36,000 won of the down payment, within 10 days from the date of approval of the gold-type contract. The Plaintiff passed the Defendant’s goods manufactured with the completion of the work within 45 days from the contract date, and delivered them at the Defendant’s workplace within 45 days from the contract date, and when the Plaintiff did not complete the production contract within 10,000 won without justifiable grounds, the Defendant’s payment period shall be 10 days from the contract date.

On January 20, 2015, the Plaintiff produced gold punishment based on the instant supply contract, supplied it to the Defendant, and completed the inspection on November 29, 201 through revision. Accordingly, the Defendant paid to the Plaintiff KRW 20 million out of the remainder amount of KRW 48 million on November 17, 2014, the intermediate payment of KRW 36 million on December 16, 2014, and the remainder amount of KRW 48 million on April 15, 2015.

[Ground of recognition] Facts without dispute, Gap 2, 3, Eul 1, 2, and 3 (including virtual numbers), the purport of the whole pleadings

2. The argument and judgment.

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