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(영문) 대전지방법원 2016.05.03 2015가단19749
물품대금
Text

1. The Defendant’s KRW 34,932,00 and the Plaintiff’s annual rate of KRW 6% from June 5, 2015 to June 29, 2015, and the following.

Reasons

1. Basic facts

A. The Plaintiff is a company primarily engaged in the manufacturing business of ELD lighting, and the Defendant is a company that runs the business of lighting lighting, electric and lighting fixtures, manufacturing and wholesale retail, etc.

B. On February 26, 2015, the Plaintiff and the Defendant, along with Company A (hereinafter “A”), drafted a written guarantee of goods payment as follows:

(hereinafter referred to as “the instant letter of payment guarantee”). The Defendant seller: The Plaintiff seller guarantees the payment of the price of the goods in accordance with the following descriptions:

Details

1. The name and quantity of goods: 284 SL-L-PN2-150S (hereinafter “instant street lamps”) for the installation of Pyeongtaek-Sa Military Bases

2. Contract amount: 58,220,000 won;

3. Method of settlement: 40% (within one day after a contract) and the balance 60% (the next day from the date of payment of balance in the U.S. forces).

4. Period of delivery: Until March 27, 2015;

5. Place of delivery: Contract amount and balance shall be deposited directly by the purchaser at his request.

(c) for the remaining 60% of the balance, the purchaser and A (B vice president) shall jointly guarantee the payment, and attach a separate guarantee letter.

On February 26, 2015, the Plaintiff and the Defendant drafted a letter of performance guarantee for the supply of goods (hereinafter referred to as “instant letter of performance guarantee for the supply of goods”).

The name and quantity of the Plaintiff: Contract amount of 284 street lamps for the installation of Pyeongtaek-gun Base: 58,220,000 won: 40% of the down payment (within one day after the contract) and the delivery date of 60% of the balance (the next day after the payment date of the unpaid amount): Special agreement by March 27, 2015: Contract amount and the balance are directly deposited into the seller at the request of the buyer.

On February 27, 2015, the Defendant paid KRW 23,288,00 to the Plaintiff.

E. The Plaintiff received a work standard from the Defendant’s employees C on March 16, 2015, and supplied the instant street lamps at the supply site requested by C on April 10, 2015.

F. The defendant's employee.

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