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(영문) 서울고등법원 2016.02.03 2015나2019474
선급금반환청구의 소
Text

1. Upon receiving the changed claim from the trial court, the defendant shall pay to the plaintiff KRW 869,00,000 and its amount from June 20, 2012.

Reasons

1. Facts of recognition;

A. The Plaintiff is a corporation established for the purpose of telecommunications equipment, Internet, IT, and software-related product manufacturing and sales business, and the Defendant is a corporation established for the purpose of the hardware and software development business.

B. On May 31, 2012, the Plaintiff concluded a contract to purchase 40,00 units of radio call terminal for radio call (unit price of 310,000 won) and 40,000 units of digital operational records (unit price of 249,500 won) for KRW 22,380,00,000 (unit price of value-added tax separate) with the Defendant and Seoul Special Metropolitan City for the purchase of goods from May 31, 2012 to December 31, 2013 (hereinafter “instant contract”). The main contents are as follows.

Article 6 (Payment of Price) (1) The defendant shall complete the delivery of goods without defects according to the plaintiff's order.

(2) When the Plaintiff receives an advance payment from the ordering authority, he/she shall pay the advance payment to the Defendant within 15 days from the date of receipt of the advance payment.

Article 7 (Supply of Contract Products) (1) The first supply quantity after the contract shall be 10,000 digital tachographs and 4,000 radio call terminals.

(2) From the second quantity, a production schedule shall be determined by prior consultation, and equivalent supply shall be made.

Article 15 (Cancellation and Termination of Contracts) (1) A plaintiff or defendant may cancel or terminate all or part of this Agreement and individual contracts if any of the following causes arises or is likely to arise:

Plaintiff

or if the defendant is objectively unable to achieve the purpose of this contract due to the breach of this contract or individual contract.

(d) Where the Plaintiff or the Defendant deems that the contents of this contract and the terms of an agreement under an individual contract cannot be fulfilled due to serious managerial causes, such as default on payment of bills and checks, compulsory execution by a third party or declaration of bankruptcy, application for corporate reorganization, etc.

C. The plaintiff and the defendant shall have the remaining amount of the primary product under Article 7 (1) of the contract of this case.

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