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(영문) 인천지방법원 2020.10.30 2019가합57564
물품대금
Text

All of the plaintiffs' claims are dismissed.

The costs of lawsuit shall be borne by the plaintiffs.

Reasons

1. Basic facts

A. The Defendant entered into a contract between the Defendant and H Co., Ltd. (hereinafter “H”) on November 22, 2017.

(C) under the contract to purchase facilities to be supplied by 7 Speed Rototor and Motor assemblies (hereinafter referred to as “instant supply contract”).

(2) Upon entering into the contract, the I Corporation, the Defendant’s I Corporation’s subsidiary company located in China, (hereinafter “I Corporation”) received equipment from H from February 5, 2018 to supply the equipment of Obags from H from February 5, 2018 (hereinafter “the supply contract of Obags in this case”), and concluded the supply contract of this case along with the DCT supply contract of this case, with the “each supply contract of this case” of this case, which is KRW 630,00,000, which is 30% of the purchase price.

B. With respect to the instant supply contract between the Plaintiffs and H, Plaintiff A (hereinafter “A”), B, D (hereinafter “D”), E, and F (hereinafter “F”) received a subcontract from H in relation to the instant supply contract, Plaintiff B, C (hereinafter “C”), and D supplied related goods from January 2018 to October 20 of the same year.

C. When the Defendant came to know of the circumstances that there was a problem regarding the implementation of the instant supply contract, as it was difficult to obtain cooperation from H when the intermediate payment under the instant supply contract did not be paid as soon as the initial payment date, the Defendant changed the terms and conditions for the payment of each of the instant supply contracts from H, to 50% of the intermediate payment, 20% of the remainder payment, 30% of the remainder payment, 30% of the remainder payment, 30% of the remainder payment, 30% of the remainder payment, and 30% of the remainder payment, and the I corporation also changed the terms and conditions for the payment of each of the instant supply contracts to Haba in March 7, 2018.

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