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(영문) 서울남부지방법원 2016.05.26 2015가합3649
물품대금
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 38,928,493 to the Plaintiff (Counterclaim Defendant) and its related amount from March 10, 2015 to May 26, 2016.

Reasons

1. Basic facts

A. The plaintiff is a merchant who manufactures industrial machinery, hinging, and special-purposes with the trade name of C, and the defendant is a merchant who registered D's business for the production and export of D's h's h's h's h's h's h's h'

B. The Defendant concluded a contract with F to supply the production facilities of Hycota in China, around October 2013, and concluded a subcontract with the Plaintiff for the implementation of the said contract.

On October 29, 2013, the Plaintiff and the Defendant concluded a contract (hereinafter “instant contract”) with the content that the Plaintiff would produce the equipment of the 500,000,000 Ecota and supply it to the Defendant (hereinafter “instant contract”) as follows.

Article 1 (Lash, Quality, and Quantity) The description, quantity, and unit price of the goods supplied by the Plaintiff are set out in the specifications.

Article 2 (Date and Place of Delivery) (1) The date of delivery: Four months after the deposit of down payment (the end of March, 2014): The place of delivery). (2) The place designated by the defendant in Korea (the arrival of the factory): The packing method. (3) the issuance of Woden Pau E and Woden Boden, flame retardant certificate. (4) The method of loading and price conditions: FOB Busan port (the method of payment) (1) the contract shall be paid simultaneously with the contract.

(2) At the time of completion of shipment and D/C shall be paid at 50%.

(3) Balance: 10%; it shall be paid after passing an installation trial and a test quality test.

(B)

C. After a lapse of one week, the Plaintiff and the Defendant entered into the instant contract and entered into an additional contract with the Defendant to supply the boiler, which is an ancillary facility to the 135,000,000 won of the boiler’s equipment, along with the Defendant’s equipment.

On June 12, 2014, the Plaintiff demanded the Defendant to pay 37,600,000 won additionally under the name of the change of the position of the drum, the change of the drum, and the change of the post of the drum, etc. before the delivery of the instant machinery, and the Defendant consented thereto.

E. The plaintiff.

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