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(영문) 수원지방법원 안산지원 2018.11.02 2016가단24024
물품대금
Text

1. The Defendant shall pay to the Plaintiff KRW 104,50,000 and the interest rate of KRW 15% per annum from October 28, 2016 to the date of full payment.

Reasons

Facts of recognition

A. On June 20, 2016, the Plaintiff Company and the Plaintiff produced and supplied the Defendant a sum of 12 punishment (hereinafter “the gold penalty”) to the Defendant. In return, the Defendant entered into a contract under which the Plaintiff shall pay a total of 125 million won (value-added tax separately) to the Plaintiff (hereinafter “instant contract”), and the main contents are as follows.

Article 2 (Find Form 1 (JS-SD gyang omitted): The date on which gold punishment is completed: “B” (referring to the Plaintiff; hereinafter the same shall apply) shall complete gold T/O (referring to “test product inspection” or “test production; hereinafter the same shall apply) on July 7, 2016.

The date of completion of gold-type 2 (JS-S/ROF shooting) total of six punishments (name, size, etc. omitted): B shall complete gold-type T/O on July 1, 2016.

Article 3 (Amount) 3-1. The total trading amount under Article 2 shall be KRW 125 million (excluding value-added tax).

3-2. Where “A” (referring to “A”; hereinafter the same shall apply) produces some items with regard to response to the payment period from among manufactured items, they shall be paid after deducting the agreement of the parties to the intermediate payment when adjusting the part payments.

Article 5 (Approval and Production) 5-4. A may, if necessary, require the change, addition, or temporary suspension of production or appearance, and if it is necessary to extend the contract period or to increase or decrease the contract amount, a decision shall be made under the agreement between A and B.

VI.(Delivery and Inspection) 6-3. When the goods ordered by A are supplied to B, they shall be the same as the drawings or specifications presented by A, and the determination shall be in accordance with A’s determination criteria.

6-4.With respect to completed gold structure inspections, Gap shall conduct gold structure inspections on the basis of the DATA of the prosecutor.

A shall verify the conformity with the gold-type drawings submitted at the time of the gold structure inspection, and at the time of occurrence, B shall immediately revise them.

6-6. A shall pay to B in accordance with the settlement terms under Article 12 in the event that there is no error in the gold structure inspection and mass production inspection in paragraph 6-4.

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