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1. As to the Plaintiff’s KRW 146.3 million and its KRW 75.9 million among them, the Defendant shall start from December 22, 2016 to April 1, 2019.
Reasons
1. The facts subsequent to the facts of recognition do not conflict between the parties, or may be acknowledged by adding up the whole purport of the pleadings to the entries in Gap evidence Nos. 1-5.
The Plaintiff is a company engaged in the business of manufacturing, selling, etc. of gold, and the Defendant is a person who engages in the business of manufacturing, etc. electronic equipment under the trade name of “D.”
Article 2 (Methods of Price and Payment) (2) A (Defendant) shall pay to B (Plaintiffs) the total contract amount in return for the production of this gold, and shall pay 30% (excluding 20.7 million won and value added tax) of the contract amount as advance, and any balance shall be paid after approval for the final product for the current events.
Article 3 (Payment Period and Approval Procedure) (1) “B” shall produce sampling, the first review of which is completed by September 29, 2016, supply “A”, and supplied sampling must obtain final approval upon Party A’s evaluation.
(2) Where authorization is not obtained in the primary evaluation, Eul shall supply secondary sampling and conduct the same approval process as the primary evaluation and obtain final approval within seven days from the date of notification of Party A of evaluation.
(Provided, the due date of final sampling shall be submitted by October 10, 2016. (B) When a certain delay is anticipated, it shall be adjusted after mutual consultation.
Around 2016, the Plaintiff entered into a contract with the Defendant for the production and supply of gold sheets, etc. (hereinafter referred to as “the first contract”) with the Defendant at KRW 69 million (excluding value-added tax) (hereinafter referred to as “the first contract”) including Swch Tover, and the following is included in the contract:
C. Since then, around 2016, the Plaintiff entered into a contract with the Defendant for the production and supply of gold sheets, etc. (hereinafter “Article 2”) with the Defendant for KRW 64 million (excluding value-added tax), including “Top Cover” (hereinafter “instant contract”). The written contract includes the following:
Article 2 (Methods of Price Determination and Payment) (2) A (Defendant) shall pay to B (Plaintiffs) the total contract amount in return for the production of this gold paper.