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(영문) 울산지방법원 2015.08.28 2014가단29666
금형제작비
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. (1) The Plaintiff and the Defendant’s status, etc. (1) are those engaged in the gold-type manufacturing business under the trade name of “B,” and the Defendant is a company which gives a subcontract for the manufacture of automobile parts from Sung JinTex, etc. (hereinafter “STex, etc.”), a primary partner company of Hyundai Motor Vehicle Co., Ltd., and supplies them.

(2) The Defendant was supplied with gold sentence by Sung JinTex, etc., and produced automobile parts through it. In order to reduce production costs, the Defendant also requested the manufacturing of gold-type improved by the gold-type manufacturers.

(3) From 2010 to 2010, the Plaintiff produced and supplied the improvement levy upon the Defendant’s request for production of the improvement levy.

B. On January 17, 2014 between the Plaintiff and the Defendant, the Plaintiff entered into a gold-type production contract (1) with the Defendant on January 17, 2014 as follows (hereinafter “the gold-type production contract”).

Article 1 (Subject-Matter of Contract): Article 3 (Contract Price): Article 3 (Contract Price): 34 million won (Separate Notice): (1) at the time of conclusion of this contract, the Defendant shall pay 10.2 million won, 30% of the contract price, as the down payment, to the Plaintiff as the down payment located in (after issuance of the contract performance insurance policy) at the time of conclusion of this contract. (2) The Defendant shall pay 10.2 million won, 30 million won, as the down payment, to the Plaintiff by means of a promissory note, or cash. (2) The Defendant shall pay 10.2 million won, equivalent to 30% of the contract price, as the intermediate payment, to the Plaintiff by means of a promissory note, or cash.

3 The defendant shall pay 13.6 million won, equivalent to 40% of the payment, after the payment of intermediate payment, to the plaintiff if there are no problems or defects in gold, product quality and product quality after the lapse of 3 months, and the bank shall also pay 13.6 million won to the plaintiff in cash or promissory note after the lapse of 40% of the payment.

C. Implementation of the gold-type production contract of this case

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