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(영문) 청주지방법원 2018.08.17 2018가단20347
물품대금
Text

1. The Defendant (Counterclaim Plaintiff) shall pay to the Plaintiff (Counterclaim Defendant) KRW 14,374,200 as well as the Plaintiff with full payment on August 25, 2017.

Reasons

1. Basic facts

A. The Plaintiff is a company established for the purpose of manufacturing and selling glass-related products, and the Defendant is a company established for the purpose of manufacturing and wholesale and retailing a motor vehicle durdy (surves).

B. The Plaintiff agreed to supply glass bottles to the Defendant at a unit price of 450 won per unit (excluding value-added tax) as converted in its original form. On January 7, 2017, the Plaintiff supplied the Defendant with KRW 41,160 for the foregoing glass disease on February 2, 2017, totaling KRW 101,220 for the above glass disease, KRW 101,220 for the above glass disease, KRW 50,103,90 for value-added tax (= KRW 45,549,00 (= KRW 101,220 for x 450) and KRW 4,554,90 for the goods as of June 28, 2017). After that, the Defendant paid part of the price of the goods to the Plaintiff, there remain KRW 14,374,200 for the goods as of June 28, 2017.

C. On January 18, 2017, the Plaintiff and the Defendant: (a) manufactured glass bottles in its original form (220m, weight 280g, color, white; hereinafter “instant glass disease”); and (b) concluded a sales contract for goods to be supplied to the Defendant at KRW 390 per unit price (excluding value-added tax) (hereinafter “instant contract”); and (c) the main contents are as follows; and (d) the Defendant provided the Plaintiff with the drawing of the instant glass disease.

① In the event that the Plaintiff produces gold-type (24 million won) and the Defendant is unable to use a 1.2 million glass bottle in the instant case, the unused amount (20 won per unit) shall be paid to the Plaintiff.

(2) The defendant shall do at least 30 days in writing at the time of ordering, and the plaintiff shall observe the payment period.

(3) The Plaintiff’s production volume per time is 400,000 and the entire quantity is to be supplied within six months after production.

(4) Where the plaintiff fails to fulfill the payment period, an amount equivalent to 3/1000 of the total amount of supply quantity for one day of delayed delivery shall be paid to the defendant as compensation for delay.

⑤ The Defendant shall submit a real estate security or payment guarantee corresponding to the down payment guarantee for smooth transaction to the Plaintiff, and the goods price shall be in cash on the fifth day of the following month after the end of each month.

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