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(영문) 의정부지방법원 2019.01.29 2018가단671
물품대금
Text

1. All claims filed by the Plaintiff (Counterclaim Defendant) and the counterclaim claims filed by the Defendant (Counterclaim Plaintiff) are dismissed.

2. The costs of lawsuit;

Reasons

1. Common facts concerning the principal lawsuit and counterclaim;

A. (1) On December 23, 2015, Nonparty D Co., Ltd. (hereinafter “D”) was ordered to purchase parts E (pactical communications system equipment) by the Defense Acquisition Program Administration.

(However, the date of conclusion of the contract appears to be January 29, 2016. On the other hand, the contract between the Plaintiff and the Defendant among the details of the order is as follows. F antenna 173, portable antenna (G), 667 10,246,353 H antenna 11,081,66,353H antenna 145,800 1,415,800 for electronic components, 545,80 for electronic components, 374,000 for 545,80 for electronic components, 70,261, 432,761, 298, J antenna 298 (K), 260, 261, 26153, 29836, 19836, 200 for the Defendant.

On January 1, 2016, the Plaintiff entered into a goods supply contract with the Defendant on part of the contract subcontracted by D.

J 50EA 177,000 350 350EA 177,450,000 on 29, 2016.29 on 19, 201.26, 207,00 450EA 228,150,000 for antenna, Vehicle J 450EA 228,150,000 on 126, 2016.18,00 for electronic components, 300 30,00 for 300 EA 125,400,000 for electronic components, H79, 200 30EA 23,760,000,000 on 30 March 30, 2016, 127, 600EA 308,308,308,300

On July 26, 2016, the Plaintiff supplied the following items to the Defendant for the delivery period, and received KRW 42,000,000 by August 19, 2016.

50,700,000 for antenna, Vehicle Type J 100 for the supply date and quantity of the inventory number of the goods

C. (1) On September 9, 2016, the Plaintiff supplied the following items to the Defendant:

On September 9, 2016, 2016, J 685 352,365,00 for antenna, Vehicle J 685 352,365,000 for antenna novels H289 22,88,800 for electronic components, I2,474,000 for electronic components, and the plaintiff and the defendant drafted a written agreement as follows on September 9, 2016.

2. The settlement amount shall be 548,427,80 won in the amount of the antenna, 79EA for vehicles, 59EA for electronic components, 293EA for antenna elements, and 289EA for antenna stations, which has been supplied to A [B] by September 9, 2016, as follows:

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