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(영문) 서울남부지방법원 2018.06.12 2017가합110534
물품대금
Text

1. The defendant shall pay US$273,967.95 to the plaintiff 15% per annum from October 13, 2017 to the day of full payment.

Reasons

1. Basic facts

A. The Plaintiff is a juristic person established for the purpose of wholesale, import, and sale in Korea, and the Defendant is a juristic person established for the purpose of developing, manufacturing, and selling semiconductor chips, developing, manufacturing, and selling semiconductor applied products.

B. A contract between the Plaintiff and the Defendant entered into between the Plaintiff and the Defendant, around August 1, 2016, a contract between the Plaintiff and the Defendant to transfer a optical signal produced by Soman to an electronic signal (IMX219; hereinafter “instant product”) to the Defendant.

(hereinafter “instant contract”). The main contents of the instant contract are as follows.

On the other hand, the defendant, after receiving the goods of this case and manufacturing them in the form of a package, intended to sell China's cameras to the manufacturing company.

Article 3 (Application)(1) of the Framework Agreement provides for the basic matters for the continuous sale of goods by the Defendant and the Plaintiff. Thus, the Agreement provides for the individual purchase and sale of goods agreed upon at the time of the transaction (hereinafter “individual contract”).

In order to ensure the smooth supply of Article 6 (Purchase Program), the defendant shall specify the production and inventory status of his company, and shall notify the plaintiff of the purchase plan four months thereafter. Article 7 (Orders 1) The defendant shall deliver to the defendant an order in which the name, quantity, amount, payment period, place of delivery, and other necessary matters concerning the notice of the purchase plan are stated, not later than a half of the month prior to the due date, an application for individual contracts shall be concluded.

2) In a case where the Plaintiff consented to the Defendant’s application, or where the Plaintiff did not submit to the Defendant a written statement of refusal, alteration, or other non-acceptance of the application within 15 days after the receipt of the order, the goods entered into the contract (hereinafter “order goods”)

(iii) the defendant is subject to the terms other than those set forth in 1.

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