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(영문) 서울중앙지방법원 2015.04.22 2012가합102259
물품대금
Text

1. As to the Plaintiff KRW 49,200,00 and the above KRW 477,400,000, the Defendant shall pay to the Plaintiff KRW 49,200,00 from March 22, 2012, and KRW 68,200.

Reasons

The summary of the case is the case where the Plaintiff sought payment from the Defendant on the ground that the Plaintiff, in accordance with the equipment supply contract with the Defendant, completed the production of Magman Sloring system (hereinafter “instant equipment”), but the Defendant refused to accept the equipment and did not perform the intermediate payment and the remainder payment.

In fact, the Defendant entered into a contract on April 11, 201 to order the Plaintiff to develop and manufacture a system that produces a self-gamball with its main usage as equipment necessary for the development of cancer diseases, and entered into a contract with the Plaintiff on April 11, 201, stipulating the price of KRW 620 million (excluding value-added tax) with the Plaintiff to be provided with the instant equipment.

The contents are as follows:

The advance payment method 1. Payment method : The intermediate payment of 30% of the contract amount, 186 million won after the date of the contract (excluding value-added tax): The second installment payment of 2 weeks or less after the date of the contract: 60% of the contract amount, 370 million won or less, the balance of the three cash payments before the delivery, after the completion of examination with the Plaintiff Company before the supply of the equipment: 10% of the contract amount, 62 million won or less (excluding value-added tax): The purpose of this contract is to provide for all the matters necessary for the development and supply of the attached 1 development services required by the Defendant to the Defendant by inserting the Plaintiff’s resources.

Article 2 (Terms of Contracts) The Plaintiff shall perform all the matters agreed upon with the Defendant, such as this Agreement, development plans, and specifications of the request, and the detailed details are the same as the details of the source of approval for the delivery of attached 2 copies.

Article 4 (Period of Payment) The payment period for this Agreement shall be within 120 days from the date of the contract, which means the time when the goods are shipped.

After completing the ethyl Project by the Defendant, the Plaintiff shall complete the installation and inspection of equipment, and the period of two weeks shall be two weeks.

Article 7 (Examination)

1. The plaintiff is the plaintiff.

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