(영문) 대구지방법원경주지원 2015.07.10 2014가합1171

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(영문) 대구지방법원경주지원 2015.07.10 2014가합1171

골재선급금반환

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1. The Defendant shall pay to the Plaintiff KRW 478,275,390 as well as 20% per annum from June 25, 2015 to the day of full payment.

Reasons

1. On January 23, 2013, Article 1 (Purpose) of the Agreement on Aggregate Sales (Purpose of this Agreement) provides the Plaintiff with a certain amount of aggregate as stated in Article 2(1) of the Agreement on Aggregate Sales for the purpose of determining the scope and conditions of the business between the parties to the Agreement on Aggregate Sales and the parties to the Agreement on Aggregate Sales on the condition that the Defendant would supply aggregate smoothly.

Article 2 (Types of Aggregate and Unit Prices, etc.) (1) Types of aggregate supplied by the defendant to the plaintiff and unit prices shall be as follows:

- gravel 25m - Unit sand supply unit price of sand 14,000 won. (2) The Defendant shall produce sand products of 13,000m2 monthly and supply sand 13,000m2 to the assignee.

(5) In principle, the advance payment of KRW 800,000 paid by the Plaintiff shall be made by deducting KRW 20,000,000 per month from the aggregate prices sold every month.

Article 7 (Payment and Settlement of Advance Payments) (1) The total amount of advance payments that the plaintiff pays to the defendant shall be KRW 800 million and KRW 800 million shall be immediately remitted to the defendant's account under the name of

② The settlement of advance shall be made immediately to the Plaintiff at the time of termination of the contract.

Article 10 (Peremptory Notice and Termination of Contract) (1) In any of the following cases, a party to a contract may terminate the contract by giving written notice to the other party, specifying the reasons therefor, and if the contract has not been improved:

1. Where the transferor's workplace is subject to an administrative disposition, such as business suspension, etc. from the relevant agency;

2. Where the contracting party is unable to achieve the purpose of the contract in violation of the terms and conditions of the contract, (2) If the grounds of paragraph (1) of the same paragraph occur, it shall be notified immediately by excursion ship, and a request for improvement may be made by sending documents within one week, and if not improved, it may be notified within

Article 12 (Liability for Suspension of Supply and Demand) (1)

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