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(영문) 수원지방법원 2017.11.24 2015가합70320
물품대금
Text

1. As to the Plaintiff (Counterclaim Defendant)’s KRW 67,650,000 among the Plaintiff’s counterclaim and KRW 11,550,000 among them, the Defendant (Counterclaim Defendant)’s KRW 67,650,000 on August 1, 2014.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On May 24, 2013, the Plaintiff and the Defendant concluded a contract for the development and supply of products that the Plaintiff would develop and supply the HIFU vibration (hereinafter “instant vibration”) for medical use (hereinafter “instant supply contract”).

The main contents of the above contract are as follows:

The Defendant of a product development and supply contract (hereinafter referred to as “A”) and the Plaintiff (hereinafter referred to as “B”) enter into a contract with respect to the development and supply of “vibrations” (hereinafter referred to as “vibrations”) for medical purposes as follows:

Article 1 (Scope of Development)

1. The specifications of “vibrations” shall be separately set out and included in this Agreement at the time of completion of the internal design and design of the product, subject to consultations of the Parties and later.

Article 2 (Methods of Payment for Development and Payment) The terms "A" and "B" shall mutually agree to adopt the following methods of payment for development costs and methods of payment for the development specified in this Agreement:

1. “A” has the obligation to pay to “B” a total of KRW 21,00,000,000,000 in accordance with the written estimate dated May 16, 2013 as follows:

(A) Within 3 days after the signing and sealing of this Agreement: 10,500,000 won (VAT Map) (B) within 3 days after the completion of certification of KSA: 10,500,000 won (VAT Map); Article 3 (Method of Issuance and Delivery)

1. “A” orders “B” to “B” the term “vibrations” developed under this Agreement, and “B” shall deliver products to “A” and to the time and place in which they are promised.

3. “A” shall pay 50% of the price at the time of ordering “vibrations”, and “A” shall, within seven days, inspect “vibrations” entered, and then pay 50% of the balance to “B” upon passing the inspection.

B. On May 28, 2013, the Defendant paid KRW 10.5 million to the Plaintiff.

C. The Plaintiff developed the instant vibration pursuant to the instant supply contract and supplied the Defendant with samples, etc. of the instant vibration from August 2013.

The plaintiff on 2013.

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