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(영문) 서울남부지방법원 2018.10.12 2017가단245211
물품대금
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 1,804,200 to the Plaintiff (Counterclaim Defendant) and its related amount from May 9, 2015 to October 12, 2018.

Reasons

1. Basic facts

A. On August 5, 2013, the Plaintiff, who manufactures and sells medical devices, entered into a “contract on the manufacture of goods of OEM” with the Defendant, who received natural unfolding products from the Defendant and used them to manufacture and deliver C and D (hereinafter “instant products”).

(hereinafter “instant contract”). (b)

The main contents of the instant contract are as follows.

Article 1. Details of Supply

A. The Defendant shall request the Plaintiff to manufacture the instant products (including C and E manufactured by the Plaintiff, regardless of whether the instant products are attached with natural unclaimed bail) by means of OEM. The instant products are samples presented by the Plaintiff to the Defendant, and C and D consistent with C and D produced under the agreement of the Plaintiff and the Defendant thereafter.

B. The Defendant provided the Plaintiff with 40m/m, 50m/m, in its original form, the release on bail necessary for the manufacture of the instant product, and the Plaintiff purchased raw and secondary materials necessary for the manufacture, and manufactured the instant product.

The defendant shall provide the quantity necessary for the production of natural saves, but the plaintiff shall return the remaining remaining quantity to the defendant after the use.

C. The defendant should supply the trademark of the product of this case or its use, gold, etc. to the plaintiff, and the plaintiff must attach the trademark provided by the defendant to the product of this case.

Article 2 The unit price for the manufacture and supply per unit F among the products of this case manufactured by the Plaintiff and supplied to the Defendant shall be 850,000 won (excluding surtax).

Article 3 (Methods of Payment of Price)

A. The defendant shall pay to the plaintiff an amount equivalent to 50% of the value of the goods at the time of conclusion of the contract, and the remaining 50% shall be paid the amount equivalent to the quantity of the shipment at the time of shipment of the product

(b) pay 15 million won as down payment in an amount of 50 percent (15 million won) for the first quantity (40%) simultaneously with the contract;

Article 4 (Price for Doorting)

A. The plaintiff is a consumer provided by the defendant.

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