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(영문) 수원지방법원 2019.05.02 2018나69554
물품대금
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the money ordered to be paid below shall be revoked.

Reasons

(b) the facts of the basis;

A. A Co., Ltd. (hereinafter “A”) was declared bankrupt by the Suwon District Court (No. 2015Hahap39) on October 2, 2015, and attorneys B were appointed as bankruptcy trustee.

B. On September 3, 2014, A entered into a contract with the Defendant for the production and supply of the high-speed 2 Bad-lock and six Mak Stock (hereinafter “instant goods”) (hereinafter “instant contract”) (hereinafter “instant contract”), and the main contents of the said contract are as follows.

Article 2 (Conditions Prohibition against Event)

1. Contract amount: Total amount of KRW 460,00,000 (Won 460,000,000), (VAT separate), 2 Rod-locks in high-speed 30,000,000 won (Won 220,000,000), (VAT Map 6 Mak Stocks separate): KRW 240,000 (Won 240,000,000), and (VAT separate);

2. The contract deposit (30%) Won 138,00,000 (VT Separate) performance guarantee insurance policy (10%) performance guarantee insurance policy (30%) of 138,00,000 (VAT) performance policy (30%) performance guarantee insurance policy (30%) of 20%): By the due date: the insurance period * the insurance policy is to be issued including VAT by the due date * the end of the month after the last customer's entry and installation of the tax invoice 276,00,000 (AT separate) of the intermediate payment (60%) and the balance of cash or electronic bills (10%) written at the end of the following month after the completion of the tax invoice 46,00,000 (AT separate) performance guarantee insurance policy of customer FATactor Acpet, and then the end of the following month * the insurance period * the FAT insurance policy 1 year after the end of the following month * the insurance period * the electronic bill 1or the electronic bill

3. After completion of the establishment (SET-UP), the terms and conditions of the FAT shall be based on the final inspection of the “final customer company”.

Article 3 (Period and Place of Delivery)

1) Payment period: 1) Completion of assembly: Delivery at the end of December 2014, 2014: Group L/D / end of February 2015, M/L 3) end of March 2015: Yangsan 4) end of April 2015: May 2015 to July 2015;

2. Place of installation: The place designated by Party A (the Defendant; hereinafter referred to as “A”) and the place of delivery for packing, fares, and other necessary expenses shall be borne by Party B (A; hereinafter referred to as “A”) in entirety.

(Provided, That the package and freight shall be borne by A when the last customer is supplied).

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