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(영문) 광주지방법원순천지원 2017.07.06 2016가단71765
물품대금
Text

1. On October 23, 2015, the Plaintiff (Counterclaim Defendant) filed against the Defendant (Counterclaim Plaintiff) a total of KRW 64 million, and on September 22, 2016.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Plaintiff is a company with the purpose of manufacturing and wholesale and retailing automation machinery and appliances, and the Defendant is a company with the purpose of manufacturing metal structure materials.

B. On September 15, 2015, the Plaintiff entered into a contract for the supply of goods (hereinafter “instant contract”) with the Defendant with the following terms and conditions, and received KRW 64 million out of the down payment on October 23, 2015, and KRW 64 million of the value-added tax on December 24, 2015, respectively.

Article 2 (Contract Goods and Amount) The Plaintiff shall conduct a trial of assembly and assembly operation to the Defendant in accordance with this Agreement and the quotation attached to this Agreement ( September 11, 2015).

Article 3 (Supply of Goods), as of September 11, 2015, of the quantity per unit of the goods name work 30 tons punch/cINE Electric Construction, and the estimate on September 11, 2015, Article 3 (Additional Taxation) of the SE 1.16 billion won (hereinafter referred to as “the delivery date”) of the goods prescribed in Article 2 to the Defendant until November 5, 2015 (hereinafter referred to as “the delivery date”).

However, the delivery date refers to the date when the plaintiff delivered the designated place by the defendant.

② When there is a special demand from the defendant in accordance with the defendant’s fair storage line, the plaintiff shall deliver it in consultation with the defendant.

Article 4 (Performance Guarantee) The plaintiff shall manufacture the detailed structure, function, and performance of the goods specified in Article 2 in accordance with the drawings and specifications mutually agreed upon by the plaintiff and the defendant.

Article 6 (Payment of Price) The Defendant shall pay to the Plaintiff the total contract amount of KRW 160 million as provided for in Article 2 (Separate Imposition of Additional Tax) as follows:

A down payment: The defendant shall pay 64 million won (excluding surtax) equivalent to 40% of the total contract amount to the plaintiff within 10 days after concluding a contract and receiving related documents (a performance guarantee insurance policy) as down payment.

The first intermediate payment: the time of completion of the storage of the production materials and of the buyer's material.

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