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(영문) 서울중앙지방법원 2017.08.18 2016가합537532
물품대금
Text

1. The Plaintiff (Counterclaim Defendant) against the Defendant (Counterclaim Plaintiff)

(a) KRW 189,592,882 and its related thereto shall be from March 1, 2016 to August 1, 2017.

Reasons

1. Facts of recognition;

A. Upon receiving a request from the Defendant for work, the Plaintiff produced and supplied clothing using the original body, etc. received from the Defendant.

Article 4(1) The Defendant shall supply the Plaintiff with raw and subsidiary materials necessary for the manufacture, processing, and packing of the products. 2) The Plaintiff shall inspect the raw and subsidiary materials taken over from the Defendant, and use only the refined products on the manufacture, processing, and packing, and immediately notify the Defendant of the occurrence of inappropriate raw and subsidiary materials and any excess or shortage within 24 hours in substitution, manufacture, and packing.

Article 7 (Methods of Payment and Delivery) The plaintiff shall deliver the manufactured and processed products to the place designated by the defendant by the due date specified in the work order.

Article 9 (Compensation for Damages) No matter how much amount of products is not recognized as a matter of principle. 7) With respect to the shortage in quantity that occurred after work without prior notification, the Plaintiff shall compensate the Defendant for the shortage in quantity by converting the amount to 50% by the amount corresponding to that portion.

Article 10 (Compensation for Delay of Payment) The plaintiff shall observe the payment period presented by the defendant, and if the payment period has been delayed due to any cause attributable to the plaintiff, the amount calculated by deducting the amount calculated by multiplying 3/1,000 of the product unit price by the number of delayed days for at least one day, multiplied by the number of delayed days for at least 10-15 days, and the amount calculated by multiplying 5/1,000 of the product unit price for the delay by the number of delayed days for at least 16 days, the defendant may refuse to accept the delayed product, and the rejected product shall compensate

Article 11(1)(A) The payment of processing date shall be made when the Plaintiff completed the supply of the product without defects. (2) The payment of processing date shall be made in cash for the period of five months, counting from the end of the following month after the delivery by 20%.

Article 12 (Contract Terms) (1) This Agreement is effective from January 2, 2013 to January 2, 2013. (2) The contract shall be effective for a period of one year from the date of the Agreement.

B. 1) On September 2, 2013, the Plaintiff entered into a contract for the processing of the following contents with the Defendant (hereinafter “the contract”).

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