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(영문) 의정부지방법원고양지원 2020.11.20 2019가합73577
물품대금
Text

1. The defendant shall be calculated by 12% per annum from July 30, 2019 to the date of full payment with respect to KRW 437,315,441 to the plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a company running golf-making business, etc., and the Defendant is a person running “C”, which is a company running golf kinds, miscellaneouss, sports appliances wholesale and retail business.

B. On January 16, 2019, the Plaintiff and the Defendant: (a) determined the items, quantity, unit price, etc. as indicated in the attached Form (1) of “the subject matter of the golf bank supply contract; and (b) concluded a supply contract under which the Plaintiff manufactures and supplies golf bags to the Defendant; and (c) purchased them by the Defendant (hereinafter “instant contract”); the main contents are as follows.

(1) Items, payment period, quantity, packing method, place of delivery, payment conditions and quality shall be as determined by the plaintiff and the defendant, and if deemed necessary, an individual arrangement may be concluded in consultation between the plaintiff and the defendant.

(2) Article 2. (2) The price of the product ordered by the Defendant shall be determined by mutual agreement between the Plaintiff and the Defendant (Article 3). The Defendant shall pay the Plaintiff 100% of the total price of the product within 45 days from the date of shipment.

(3) The Defendant shall place an order in consideration of the date of supply that the Plaintiff may supply sufficient supply, and shall supply in mutual cooperation materials requiring urgent supply, and the Plaintiff shall strictly maintain a specific period of payment in accordance with the ordered volume ordered by the Defendant.

(4) The Plaintiff shall ensure that the products supplied to the Defendant are of quality for a period of one year.

Provided, That this shall not apply to products due to the care of the user.

(5) Upon receipt of the notice of completion of the production from the Plaintiff, the Defendant shall, in principle, conduct an inspection by transferring 100% prior to the delivery and deliver the goods to the customer, and the defect of the goods generated by the customer shall not be liable to the Plaintiff unless the Defendant notifies in advance (Article 8)

The Plaintiff is identical to the attached Form (2) to the Defendant according to the instant contract from February 26, 2019 to April 23, 2019.

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