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(영문) 청주지방법원충주지원 2016.11.09 2014가단4241
물품대금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff is a company that manufactures and sells main products. The Defendant is a company that manufactures and sells main products, etc., and the Defendant is a company that manufactures and sells main products, manufactures and processes mechanical parts and precision parts.

B. On March 6, 2013, the Plaintiff submitted a written estimate to the Defendant, which is the total amount of KRW 376,505,680 (excluding value-added tax) for the main product (including two main products, two main materials, and pattern production, two main materials and pattern production, WHE BASE, one material, and one package production, respectively).

C. On March 19, 2013, the Plaintiff prepared a purchase contract with the Defendant on the said main product with the following content:

(hereinafter referred to as the “instant contract”). The payment of the full payment amount of KRW 300,00,000,000 for the contract amount of Article 2 and the payment of the full payment under Section 3 of the Additional Tax Table shall be made within the prescribed time limit, according to the following schedule:

1. Contract deposit (40%) : 120,000,000 won - 10 days after the contract; and

2. Balance (60%): 180,000,000 won - June 30, Article 5 and the delivery terms and conditions;

1. Payment period: BEP KOREA/ Defendant PM inspection; and

/ When the Plaintiff delayed the payment period of this contract without justifiable grounds, the amount equivalent to 3/1000 of the price for the goods shall be deducted from the price to be paid by the Defendant to the Plaintiff for the delayed payment of the price for the delayed payment of the contract as of 60 days after the contract.

Provided, That this shall not apply to prior approval of the defendant, natural disasters, or force majeure.

Article 10:The final amount shall be settled in the balance of the authorized accounts.

The unit price per kg shall be applied to the estimate base price.

The Plaintiff received KRW 30,000,000 from the Defendant on March 20, 2013, and KRW 50,000,000 on June 30, 2013, and KRW 30,000,000 on July 31, 2013, and KRW 70,000,000 on October 28, 2013, and KRW 20,000 on November 18, 2013, and KRW 28,00,00,000 on December 12, 2013, and KRW 341,00,000 on December 11, 2013, and each of the aforementioned tax invoices and shares was prepared to the Defendant.

E. On May 16, 2013, the Plaintiff had two MTR BAE on the part of the Defendant.

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