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(영문) 서울서부지방법원 2017.01.13 2016가단4184
물품대금
Text

1. The defendant shall pay 48,400,000 won to the plaintiff and 15% per annum from January 26, 2016 to the day of full payment.

Reasons

1. Basic facts

A. On September 25, 2015, upon receipt of an order from C Co., Ltd. (hereinafter “C”), the Defendant requested the Plaintiff to supply the household to 90 guest rooms of E hotel E in the estic City D, which is being a new construction work orally, on October 8, 2010, ordered the supply of 45 guest rooms according to the order form, and on October 22, 10, entered into a contract for the production and installation of household to 30 guest rooms (hereinafter “instant contract”).

At this time, the defendant was issued from the plaintiff to the Seoul Guarantee Insurance Co., Ltd. a performance guarantee insurance policy of KRW 9.68 million.

Payment terms and conditions of contract amount of KRW 96.8 million (including value-added tax), advance payment of KRW 2,904,000 (30%) on October 23, 2015, part payment of KRW 20% on intermediate payment of KRW 20% on outstanding payment, and the outstanding balance of KRW 6,776,00 (70%) on December 31, 2015 on November 7, 2015 (based on closing).

B. The general terms and conditions of supply attached to the instant contract are as follows.

(A) “A” refers to the Defendant, “B,” and “B,” respectively. The term of the contract under Chapter II and Article 6(t) of the Terms and Conditions of Contract

1.B shall set up all of the supply lists in accordance with this Agreement at the place designated by A and subject to inspection by the person in charge and authorized by A and the person in charge.

2. Eul shall cooperate to enable the survey by the side of Eul, and the side of Eul shall, unless there is any justifiable reason, give Eul a written undertaking of the results of the examination within 10 days.

3. A may demand immediately replacement of defective goods discovered during and after the examination period to B, and B shall be responsible for all costs incurred in replacement.

Article 7 (Time Limit of Supply of Goods)

1. In principle, the delivery of goods shall be completed at the date Gap's request;

Provided, That the installation may be delayed at the request of A and the inevitable request of B.

2. If B fails to comply with the delivery period without prior notification or agreement, A shall make a delayed compensation as much as the number of days of delay.

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