(영문) 부산지방법원 2017.11.08 2017가합42862

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(영문) 부산지방법원 2017.11.08 2017가합42862

물품대금

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1. The Defendant’s KRW 234,671,948 for the Plaintiff and KRW 6% per annum from September 22, 2016 to November 8, 2017.

Reasons

1. Basic facts

A. The Plaintiff is a company engaged in the manufacture, sale, export, etc. of perennial, and the Defendant is a person engaged in the printing business, etc. with the trade name B.

Article 3 (Supply and Price of Products) (1) The defendant shall issue to the plaintiff an order stating the kind, quantity, etc. of the product. The plaintiff shall supply the product to the place designated by the defendant within the first 60 days from the date of receipt of the order

④ Types of products supplied by the Plaintiff are as follows:

(5) The defendant and the plaintiff shall determine the product price through mutual consultation.

Article 4 (Payment and Guarantee of Price of Goods) (1) The settlement terms shall be settled in the month of the payment period of goods and issued by the plaintiff, and the defendant shall settle the payment on the 20th of the following month.

② The Defendant is responsible for the adjustment of the remaining inventory of the Plaintiff even at the time of the alteration of the supply vessel with respect to the products ordered by the Defendant with the approval of the Defendant so that the Plaintiff may create any condition that does not affect the supply.

③ The Defendant shall pay the Plaintiff KRW 70,000,000, equivalent to KRW 10,000 per month, as a contract bond, considering the Plaintiff’s investment funds for the commencement of the business.

Article 6 (Termination of Contract and Loss of Time Limit) (1) One of the parties may terminate this Agreement by written notice, if any of the following events occurs:

5. Where the obligations under this Agreement are violated

B. On April 22, 2016, the Plaintiff entered into a contract with the Defendant for the supply of singing rooms, etc. (hereinafter “instant contract”). Accordingly, on April 25, 2016, the Defendant ordered the Plaintiff to enter into a separate agreement after the date of payment by setting the amount of KRW 283,536,00 for the instant goods (hereinafter “instant goods”).

The contract of this case.

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