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(영문) 대전지방법원논산지원 2014.07.23 2012가합747
물품대금
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 9,116,682 to the Plaintiff (Counterclaim Defendant) and its related amount from May 14, 2014 to July 23, 2014.

Reasons

1. Basic facts common to the principal lawsuit and counterclaim;

A. The Plaintiff is a manufacturer such as automatic packaging equipment, and the Defendant is a food manufacturer.

B. On September 30, 201, the Plaintiff entered into a contract with the Defendant to produce and supply (hereinafter referred to as “first contract”) 240,000,000 won for the supply of free bottles, green books, shocks, and closure dopings as of November 30, 201 (excluding value-added tax), and the supply period as of November 30, 201 (hereinafter referred to as “first contract”); and (2) on December 1, 201, 90,000 won for the caps, etc. to be taken on a deposit basis (excluding value-added tax); and (3) on December 30, 2011, with the supply period as of December 30, 2011, respectively.

Article 3 (Contract Amount and Payment) (1) 1) Payment of down payment of KRW 72,00,000 shall be paid at the time of contract.2) Payment of KRW 48,000 for the first intermediate payment of KRW 70% shall be made at the time of mechanical production, and payment of KRW 48,00,000 for the second intermediate payment of KRW 48,00,000 for the second intermediate payment shall be made at the

3) The balance 72,00,000 won shall be paid in equal installments for six months from the date of trial run. Article 3 (Contract Amount and Payment) [2] 1) down payment 20,000,000 won shall be paid at the time of contract.

2) Payment of intermediate payment of KRW 20,000,000 shall be made at the time of delivery, and 3) any balance of KRW 50,000,000 shall be made at the later time of the Defendant’s policy funds.

Article 4 (Production Details)(1) The Plaintiff shall comply with the estimates and specifications attached to the detailed details, such as the size and performance of the goods to be produced and supplied. Article 6 (Examination) 1) The Defendant may, if necessary, conduct an interim inspection in the presence of the Plaintiff’s technician, and the Plaintiff shall comply with it in good faith.

2) The Plaintiff shall install the machinery at the place designated by the Defendant and undergo an inspection by the tallyman after the completion of the trial run. 3) The Plaintiff may request correction or re-production when it is not consistent with the results of the inspection, the request quantity and other technical data, or when any other problem arises.

In such cases, the plaintiff shall comply with his/her own expenses and responsibility, and shall not extend the payment period on the ground thereof.

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