(영문) 서울중앙지방법원 2016.04.21 2014가단229649

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(영문) 서울중앙지방법원 2016.04.21 2014가단229649

매매대금 등

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1. The Defendant (Counterclaim Plaintiff) paid KRW 40,661,487 to the Plaintiff (Counterclaim Defendant) and its amount from November 15, 2014 to September 30, 2015.

Reasons

1. Facts of recognition;

A. The Plaintiff is a company engaged in the manufacture, sale, lease, and repair of reproduction machines, facsimile machines, etc., and the Defendant is a personal business entity engaged in the printing and publishing business with the trade name “B”.

B. The Plaintiff and the Defendant: (a) on May 27, 2013, the supply price of KRW 26,510,00 (including value-added tax); (b) 10% of the down payment until June 2013; (c) the remainder at 105,00 won for maintenance and repair basic charges of KRW 105,00; (b) C560,O.C.T 1 set (hereinafter “2 reproduction period”); and (c) the supply price of KRW 27,50,00 (including value-added tax); and (d) the remainder at 10% of the contract amount at 12 months F/C-free interest; and (d) the balance at 105,00 won for maintenance and repair basic charges; and (e) the balance at 27,50,000,000 won for supply price for April 24, 2014; and (e) the principal payment at 12/101,201.

The Korea Aftermath Co., Ltd. (hereinafter referred to as the "B") provides the maintenance and repair services for the products and products ordered by B (hereinafter referred to as "A") and Gap concludes a supply contract with the aim of paying the price for them as follows:

Article 2 (Supply of Goods)

1. The completion of the supply of products shall be as at the time the Party A completes the examination after installing the products at the designated location of the Party B;

Article 4 (Examination)

1. A shall conduct an inspection immediately after the receipt of a product pursuant to Article 2 and notify B of the results of inspection;

4. A shall be deemed to have passed the inspection in question in the absence of any notice of the results of the inspection within 7 days after the inspection of the contract products under paragraphs 1 and 3 above.

Article 5 (Payments)

1. Eul shall claim payment to Gap as of the date of completion of the delivery of the product, and Gap shall pay it in cash within 15 days from the date of issuance of the written request to Eul.

Provided, That where there is a separate agreement between A and B, it shall be dealt with in accordance with the agreement.

CHAPTER 2.

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