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(영문) 수원지방법원 2015.08.25 2014가합14248
금형투자비반환
Text

1. The Defendant’s KRW 215,971,875 as well as the Plaintiff’s annual rate from November 26, 2014 to August 25, 2015.

Reasons

1. The phrase “goods” supplied by B (referring to the Plaintiff; hereinafter the same shall apply) by order of Article 2(a) (a) of the facts of recognition (a summary of the goods traded; hereinafter the same shall apply) shall be set out as follows:

(1) The term "goods" means a structure that enables TV monitors to be installed by fixing them on the inner wall of a building.

Article 4 (Issue of Goods and Payment for Goods) (1) At the time of placing an order, A shall place an order in accordance with a written estimate presented by B.

B Gold-type Investment Cost: 130,000,000 Product Cost (Completion Products): 38,000 won for gold-type Investment Cost (based on 20,000 Won) 6,500 won for Gold-type Investment Cost (based on 20,000 Won) 44,500 won for A.

In principle, A shall adjust the gold reduction within one year.

(3) In principle, settlement of accounts shall be made in cash on the 25th of the following month after the completion of supply of products, and Eul shall raise an objection to Gap if the measures are not known.

Article 6 (Defect Security) (1) B shall have a duty to repair defects found for one year from the date of completion of inspection of the supplied goods.

Article 7 (Contract Terms) (1) This Agreement shall become effective from June 21, 201 to June 20, 2012.

On June 21, 2011, the Plaintiff entered into a contract with the Defendant for the supply of the following goods, the key point of which is 20,000 SU-WL 4046 (hereinafter “SU-WL 4046”) (hereinafter “SU-W 4046”) and thus, the Plaintiff made a prior investment in gold, and the costs of the gold would be paid within one year after settling accounts in accordance with the ordered quantity of the Defendant’s order:

Accordingly, the Plaintiff produced the gold penalty of 4046, but the Defendant ordered 2,750 SU-WL 4060, not for 20,000 originally agreed upon against the Plaintiff, and paid 17,875,000 won (=2,750 x 6,500 won) with the gold investment cost (=2,750).

B. Since then, around December 2011, the Plaintiff produced SU-WL 2012 (hereinafter “SU-WL 2012”), a TV set of Defendant and TV sets of 2012 (hereinafter “SU-WL 2012”), and as regards the gold cost of KRW 44,50,000 that the Plaintiff invested, the Defendant’s 20.

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