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(영문) 부산지방법원 2019.11.15 2019나2824
물품대금
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. On October 19, 2015, the Plaintiff, upon receiving a request from the Defendant to produce and supply a press 2 set-type gold, entered into a contract with the Defendant for the supply of goods (hereinafter “instant commodity supply contract”) with the following content.

The type, quantity, and quantity of gold-types and the quantity of each item of supply value shall be the total of 115 million won presses (ste) 115 million won presses (ste) and 30 million won and the terms and conditions of payment in advance.

1. Payment period: November 30, 2016 as of the date of completion of filling Rbber (which may be mutually consulted and consulted for the last payment period);

2. Total contract amount: 30 million won (excluding value-added tax);

3. Contract deposit: Payment within ten days after concluding a contract.

4. Balance balance: 20 million won shall guarantee the quality of payment after completion of the supply of goods and manufacture and inspection of prototypes.

1. Where a correction or re-production of gold punishment is required as a result of the correction or re-production of a product as a result of the correction or re-production of a grassland, any additional costs incurred therefrom shall be borne by the Plaintiff, and any additional costs associated with the correction or re-production of a rubry seed, processed paper, etc. shall not be claimed to the

2. The inspection of the quality of products shall be substituted by the results of the quality verification, including the measurement of prototypes;

In the case of the cancellation of a contract and the cancellation of a contract, the plaintiff may terminate or cancel the contract without the defendant's consent.

Provided, That the defendant shall be notified of the contract modification in writing.

- Where the application of the product is not possible because the supplied product is different from its initial contract specifications or a serious defect is discovered;

B. The Plaintiff and the Defendant concluded a separate contract with the amount of KRW 3 million (excluding value-added tax) on the storages and design work for the instant gold production.

C. On December 27, 2016, the Defendant paid KRW 14.3 million to each Plaintiff on the pretext of cans and design work and the price for the supply of the instant goods, and KRW 10 million on January 2, 2018 as the price for the supply of the instant goods.

[Reasons for Recognition] There is no dispute.

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