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(영문) 광주지방법원순천지원 2015.04.29 2014가합3260
물품대금
Text

1. The Defendant: (a) KRW 103,360,000 for the Plaintiff and 6% per annum from October 24, 2014 to April 29, 2015.

Reasons

1. Basic facts

A. The Plaintiff is a company aimed at manufacturing industrial machinery, manufacturing and installing steel structures, etc., and the Defendant is a company aimed at manufacturing industrial machinery and equipment, electric mooring facilities, etc.

B. SK Construction Co., Ltd., in relation to the new construction of PACOPPERNT (fire power plant) in its territory, has been separately ordered by the company located in Australia to install assembly facilities for all parts supplied under a contract for the manufacture and supply of all facilities.

After doing so, the manufacture and supply of boiler facilities was ordered to the Handoz Co., Ltd.

Han Jinex, among boiler facilities, ordered S.C.R. & Amonia Room Strucure (hereinafter “instant goods”) to supply production goods to Esco Co., Ltd., and the Esco re-ined them to the Defendant.

C. On September 3, 2013, the Defendant sent to the Plaintiff the draft “purchase contract” (hereinafter “the draft of the instant contract”) to the Plaintiff on September 3, 2013 for the production and delivery of the instant goods.

The main contents of this paper are as follows.

Contract amount: 690 million won ( zero tax rate): The delivery place on November 20, 2013: the conditions for the payment of the FOB price - 130 million won (within 10 days after receipt of advance payment performance guarantee) - 30 percent of the first intermediate payment: 27 million won ( October 20, 1012) - 40 percent of the second intermediate payment: 276 million won (within domestic designation until November 20, 2013 and until December 30, 2013): The remainder of 69 million won (within two weeks after receipt of the defective performance guarantee certificate after receipt of the PAC): 10 percent of the contract amount (within two weeks after receipt of the defective performance guarantee period): the Plaintiff reviewed several proposals for the correction of the contract amount to the Defendant.

On September 6, 2013, the Defendant prepared and sealed the “written order” reflecting this, and sent it to the Defendant, and the Plaintiff also affixed a seal on the said written order.

The above order form is ....

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