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(영문) 인천지방법원 2015.08.13 2014가합58814
선급금반환
Text

1. The Defendant shall pay to the Plaintiff KRW 205,00,000 as well as 20% per annum from November 6, 2014 to the day of full payment.

Reasons

1. Article 1 (Purpose) of the facts of recognition (Purpose) of the Defendant supplies the Plaintiff with the whole paper of the paper of paper (mast, silver, spawn, Spawn, newspapers, and stuffs), and the Plaintiff pays the price to the Plaintiff, thereby making both parties’ mutual transactions in good order for mutual development.

Article 2 (Duty of Indicating and Supplying Disuses) The defendant shall supply the plaintiff to the designated branch factory as follows:

(1) The unit price per kg of any kind above all kinds of paper, other than a sprink, shall be the arrival price, and the unit price per unit price shall apply mutatis mutandis to a change in the unit price.

(Omission)In the case of carriage by direct receipt, 10 per km per existing unit price shall be deducted;

Article 3 (Payment in Advance)

1. The plaintiff shall pay 300,000,000 won to the defendant as advance payment, and the defendant shall request advance payment to purchase goods.

2. Of the above advance payments, the amount which includes 120,000,000 won for outstanding settlement of accounts during the compressed period (hereinafter referred to as "settlement of advance payments");

1. The plaintiff shall perform the delivery of the above paper monthly, and receive the price of the goods every time from the date of advance payment, and shall be deducted by 0 million won per month after the last day of each month.

2. If the Defendant fails to perform the above contract, this contract shall be automatically terminated and immediately return to the Plaintiff advance payment.

Article 6 (Damages in Case of Non-performance) If the plaintiff and the defendant fail to fulfill their obligations under the terms and conditions of the contract, they shall pay damages for delay at the rate of 20% per annum to the parties by the date of performance.

On June 25, 2013, the Plaintiff entered into a contract with the Defendant to pay the price for the goods upon the supply of the goods upon the supply of the goods (hereinafter “instant goods supply contract”).

The main contents of the instant goods supply contract are as follows.

B. Pursuant to Article 3 of the instant goods supply contract, the Plaintiff: (a) on June 80, 2013, pursuant to the Defendant’s goods supply contract.

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