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(영문) 서울중앙지방법원 2019.07.24 2018가단5197752
매매대금반환
Text

1. The defendant shall pay 29,720,000 won to the plaintiff and 12% per annum from June 13, 2019 to the day of complete payment.

Reasons

1. Basic facts

A. The Plaintiff and the Defendant concluded a commodity supply partnership agreement on March 6, 2017.

The main contents thereof are as follows:

Article 2 (Definitions of Terms)

4. The term “tallying” means the Plaintiff’s act of inspecting whether there was a defect in the goods supplied by the Defendant.

5. “Completion of supply” means the time when the Defendant supplied the goods to the Plaintiff and the Plaintiff completed the examination thereof.

Article 3 (Subject Matter and Method of Sale)

3. The plaintiff ordered the goods by delivering the "written order" under the name of the plaintiff to the defendant, and the payment period shall be agreed separately.

VI.(Payments and Payment Method)

1. The Plaintiff shall pay the price according to the terms and conditions of payment stated in the separate sheet 1. Added after confirming the completion of the delivery.

Article 9 (Examination)

1. The plaintiff shall complete the examination within 14 days from the date on which the defendant supplied the goods to the plaintiff and notify the defendant of the result, and the defendant's supply of the goods is completed in accordance with the notification.

2. The supply of the Defendant and the performance of the contract shall be considered to have been completed even if the Plaintiff’s notification of the results of the confirmation is not made within the date specified.

Article 10 (Delivery and Ownership of Goods)

1. The goods are determined to have been delivered to the Plaintiff at the time of examination confirmation.

Article 14 (Termination of Contracts)

2. When any of the following grounds arises, the plaintiff or the defendant shall notify the other party of the performance thereof in writing within a reasonable fixed period, and may terminate all or part of this contract and individual contract when the other party fails to perform it within such reasonable period:

1. Where the plaintiff or defendant violates the principal contract and individual contract

B. On March 7, 2017, the Plaintiff ordered 65,985,000 won for the open press F 16 (unit price 2,200,000), for the open press G 9 (unit price 1,240,000) and HPC 25 (unit price 785,000). On March 7, 2017, the Plaintiff paid 32,992,50 won to the Defendant as the down payment.

C. Afterwards, the plaintiff and the defendant are among the above goods.

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