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(영문) 대전지방법원 2020.12.03 2019가단135410
동산인도
Text

The defendant shall deliver to the plaintiff the movable property listed in the attached sheet.

Costs of lawsuit shall be borne by the defendant.

Paragraph 1.

Reasons

1. Basic facts

A. On October 1, 2018, the Plaintiff and the Defendant concluded a commodity supply contract as follows (hereinafter “instant commodity supply contract”).

Article 2 [Supplyed Goods] The quantity and price of each unit leased material and related goods (hereinafter referred to as “goods”) Article 3 [Quantities and Prices] Goods shall be determined by written estimates at each time of transaction in consultation with the Plaintiff and the Defendant.

The defendant shall place an order to the plaintiff for the quantity and payment period of the goods specified in the above Paragraph (1) and the supply of the goods ordered and the settlement of the price therefor shall be subject to the terms of this contract

Article 5 [Payment of Price] The Plaintiff shall issue a tax invoice at the end of the pertinent month in which the goods are supplied to the Defendant, and the Defendant shall pay to the Plaintiff in cash after three months (90 days).

The plaintiff and the defendant conclude a separate written agreement of payment transaction in order to determine the method and effect of payment transaction between both parties.

B. On October 1, 2018, the Defendant placed an order for double cover amounting to KRW 365,603,700, and KRW 130,610,190 on November 1, 2018, and the Plaintiff supplied the Defendant with the products for double cover amounting to KRW 365,60,70 on October 15, 2018.

C. The Plaintiff and the Defendant on February 18, 2019

B. With respect to the transaction of the supply of goods as described in the subsection, “Written undertaking to pay the price of goods” (hereinafter referred to as “Written undertaking to pay the price of goods”) as follows:

was drawn up.

The Defendant, while promising the Plaintiff to perform the settlement of the price of goods, shall deliver to the obligee a written performance assurance as follows:

The Defendant, on October 31, 2018, promised to pay the price for the goods to the Plaintiff KRW 365,603,700, and KRW 130,610,190, in double face value on November 15, 2018, and provided the Plaintiff with materials for the payment of the price.

The defendant indicates that the representative director of the plaintiff has failed to pay the price of the goods once the deadline, and the following commitments shall be performed clearly:

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