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Reasons
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(영문) 서울동부지방법원 2014.11.06 2012가단63275
양수금
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1. The plaintiff (appointed)'s claim is dismissed.

2. The costs of lawsuit shall be borne by the plaintiff (appointed party).

Reasons

1. Basic facts

A. On January 25, 2010, the Defendant entered into a contract for the supply of goods (hereinafter referred to as “instant contract”) under which the Plaintiff would be produced and supplied in 335,000 won per call system (hereinafter referred to as “instant terminal”) from the non-party company (hereinafter referred to as “instant terminal”).

B. The main contents of the instant contract are as follows.

Article 2 (Definition of Goods) The term "goods" referred to in this Agreement refers to "SK MA MMA m" and refers to a terminal for a location transmission system for vehicles using it.

Article 3 (Supply Amount) The supply amount of goods shall be 335,000 won per unit (Additional Tax separately), and shall include a road map.

Article 4 (Functions of Goods) The following functions shall be performed with normal operation:

-Article 6 (Price Payment) of Radio Communications Using SKMA MMA Modem

1. Advance payment: 20% in cash after a contract is made;

2. Balance: The schedule for the supply of goods under Article 7 (Commencement of Supply and Quantity of Goods) of the Cash Settlement within the end of the following month after opening shall be delivered with the certified goods within seven weeks from the date of advance payment, and 1/100 of the panel shall be charged by the non-party company for losses incurred due to the delay in the supply schedule due to the reasons of the non-party company.

1. Total supplied quantity: 1,000 units;

2. The total quantity of goods for follow-up management of A/S, etc. shall be 2/100;

Article 11 (Period of Contract) This Agreement shall be three years from the date of the contract, and shall be automatically extended if there is no written agreement between the defendant company and the non-party company one month prior to the contract maturity.

Article 12 (Invalidation of Contracts)

1. When the term of this contract expires;

2. When the provisions of this Agreement are violated.

3. Where there exists a written agreement between both parties; and

C. On February 3, 2010, the Defendant: (a) 73,700,000 won (=368,500 won (33,500) ¡¿ 1,000 x 00 x 0.2) as an advance payment for the instant contract to a non-party company.

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