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(영문) 서울중앙지방법원 2017.11.09 2016가단81025
미납대금
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 73,00,000 to the Plaintiff (Counterclaim Defendant) and its payment from May 28, 2016 to the date of full payment.

Reasons

1. Basic facts

A. On June 15, 2015, the Defendant entered into a contract with C Co., Ltd. (hereinafter referred to as “C”) with the representative director, which is a company engaged in software consulting, development and supply business, on which B entered into the goods contract with the Defendant as the buyer, and B as the supplier of “the ESM-related improvement project, such as Korea Gas Corporation” (including general conditions for the purchase contract; hereinafter referred to as “the instant goods contract”), and the parts relating to the instant case are as follows.

Contract amount: Value of supply 130,00,000, value of value of value of value of value of value of 13,000, value of value of value of 13,000,000, total of 143,000,000: The contract period of supply: June 15, 2015 through September 30, 2015 at the time of delivery: The payment conditions of cash settlement within 15 days after September 30, 2015 at the time of delivery: The required documents at the time of request for the termination of the contract and the date of final inspection of the buyer: Tax invoice; the general conditions of the purchase contract of goods; (1) the delivery period of the contract includes the period required for the inspection and inspection of goods; and (2) the supplier shall, upon completion of the preparation for delivery, notify the buyer of such fact in writing and deliver it after the necessary inspection.

(2) Upon receipt of the notification under paragraph (1), the buyer shall conduct an inspection to confirm the implementation thereof in the presence of the supplier or the agent of the supplier, within 14 days from the date of receipt of the notification under the inspection regulations and other relevant documents according to the buyer's internal procedures.

(6) When a vendee completes an inspection, he/she shall notify the supplier of the result in writing within ten days.

Article 6 (Payment in Urgency) (1) If the buyer takes over the goods after passing the inspection as prescribed in Article 5 after the completion of the supply, the supplier may request the payment in accordance with the prescribed procedure.

(2) Upon receipt of a request under paragraph (1), the buyer shall make a request in cash within 15 days from the date of receipt of such request.

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