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(영문) 부산지방법원동부지원 2015.10.22 2015가합815
물품대금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. A. Around December 18, 2013, the Plaintiff entered into a contract with the Defendant to supply substitute materials necessary for the construction and repair works of Pakistan-si hotel B (hereinafter “instant construction”) (hereinafter “the instant primary contract”), and the main contents thereof are as follows.

Delivery Period: The delivery place within 90 days from the date of the order ( December 18, 2013): the contract price for the underground parking lot B B of the Pakistan hotel Busan: 1,000,000 won in gold and additional tax - the total contract quantity may be changed at the actual survey of the site or at the construction implementation stage, and in such cases, the changed contract amount shall be prepared by reflecting the changed contract quantity and the contract amount.

- The amount changed under the above paragraph shall be paid after adjustment when the intermediate payment and the balance are paid.

The terms and conditions of payment and time of payment - 50% of the down payment, 802,500,000 won, and 7 days after the contract - intermediate payment 30% of the intermediate payment, 481,500,000 won, B/L at the arrival of the contract - any balance 20%, 321,000,000 won, and 7 days after the completion of the delivery - Cash, total 1,605,000,000 won

B. On March 14, 2014, the Plaintiff and the Defendant concluded a modified contract on the instant primary contract (hereinafter “instant secondary contract”) and the amended major contents are as follows.

Terms and time of payment - KRW 50% of the down payment, KRW 802,50,00, within seven days after the date of the contract - KRW 15% of the first intermediate payment, KRW 240,750,000, and KRW 240,750,000 of the first shipment at the arrival of the first shipment B/L - any balance at the arrival of the second shipment B/L - 20% of the second intermediate payment, KRW 321,00,000, and KRW 7 days after the delivery - Settlement Terms and Conditions: Cash, Aggregate 1,605,00,000:

C. On April 11, 2014, the Plaintiff and the Defendant concluded the instant secondary contract with the Defendant (hereinafter referred to as “instant third contract”) and the amended major contents are as follows.

The delivery period: The contract price from December 18, 2013 to April 17, 2014: fixed-value-added tax, the sale price of which is KRW 00 million, shall be separately set aside.

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