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(영문) 대전지방법원천안지원 2016.12.16 2016가합101269
물품대금
Text

1. As to KRW 2,403,986,259 among the Plaintiff and KRW 2,403,889,788 among the Plaintiff, the Defendant shall start from November 19, 2015 to December 16, 2016.

Reasons

1. Basic facts

A. The Plaintiff is a company that performs assembly of automation cost profiling structure, etc., and the Defendant is a company that manufactures synthetic resin and sells services.

B. On March 7, 2015, the Plaintiff entered into a contract with the Defendant for the supply of equipment (hereinafter “instant supply contract”) to manufacture and supply the facility “280 units” in the Smart Machine CH-5035B MDA 250 units (hereinafter “instant facility”) at KRW 5,130,945,50 (excluding value-added tax), and the Plaintiff stated that the Plaintiff entered into a contract for the supply of equipment to manufacture and supply the facility “280 units” in the instant complaint. However, in light of the purport of the contract for the supply of equipment (Evidence 1) and the entire pleadings made between the Plaintiff and the Defendant, the aforementioned “280 units” appears to be a clerical error in the “250 units.”

The following agreements were concluded:

Article 2 (Contract Amount and Payment)

2. The defendant shall pay to the plaintiff the contract price specified in [Attachment 2] in return for the production and supply of the plaintiff's facilities.

The intermediate payment of KRW 1,539,283,650 in daily payment of KRW 5,130,945,50 (including the total contract amount, KRW 30% of the total contract amount), KRW 1,539,283,650 in daily payment of KRW 1,026,189,100 after the first supply (including the total contract amount, KRW 20% of the total contract amount, KRW 5,100 in daily payment of KRW 1,026,189,100 after the second supply (including the total contract amount, KRW 20% of the total contract amount: KRW 1,026,189,100 in daily payment of KRW 3: KRW 1,500 in daily payment of KRW 1,026,100 after the third supply (including the total contract amount, KRW 10% of the total contract amount), KRW 513,505,250 in the payment of KRW 50

1. The down payment under Article 2 [Attachment 2] shall be paid to the Plaintiff within seven days after the conclusion of this Agreement.

2. Article 2 [Attachment 2] The intermediate payments shall be paid to the Plaintiff within seven (7) days after the delivery of the first (50) installation, after the second (100) supply, after the third (100) supply, after the third (100) supply.

3. The balance under Article 2 [Attachment 2] shall be paid to the Plaintiff within seven days after reporting the results of the installation of the facility at the site.

C. The plaintiff.

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