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(영문) 서울중앙지방법원 2016.05.18 2015가합562180
물품대금
Text

The defendant's KRW 140,00,000 for the plaintiff and 6% per annum from May 29, 2015 to September 2, 2015.

Reasons

Facts of recognition

The plaintiff is a company mainly engaged in the ESD server manufacturing business and wholesale and retail business, and the defendant is a company mainly engaged in SNS business and software development business.

On March 9, 2015, the Plaintiff entered into a commodity supply contract with the Defendant to supply the SDR server system (hereinafter “instant server”) indicated in the attached list (hereinafter “instant contract”). The main contents of the instant contract are as follows.

Article 3 (Contract Amount and Method of Supply of Goods)

1. Amount of a supply contract: 815,00,000 won, value-added tax separately, and the same shall apply hereafter;

1) Contract deposit: 15,000,000 won in the first intermediate payment: 200,000,000 won in the second intermediate payment: 200,000,000 won in the second intermediate payment: 300,000 won in the remainder;

2. The down payment shall be paid in cash immediately after the conclusion of the supply contract ( March 9, 2015).

3. The first intermediate payment shall be paid in cash on April 2015.

4. The second intermediate payment shall be paid in cash in the last week on April 2015;

5. Balance 30,00,000 won shall be paid in cash on May 28, 2015;

(Omission) Article 4 (Centers)

1. After entering into a supply contract with the Defendant, the Defendant on the day or the following day shall enter into a contract for the use of network discount and the use of the IMO Center with the LG Plus ADC Center.

2. The Plaintiff shall, upon the completion of the contract with the Defendant, move and install the delivery contract amount and the LG Plus ADC Center on the day or the next day products.

3. After completion of the construction of the product, the Plaintiff shall report in writing to the Defendant that no longer inspection is conducted.

On March 2015, the Plaintiff completed the establishment of the instant server to the additional IDC Center operated by EL Plus Co., Ltd.

Even until now, the Plaintiff did not receive KRW 140,000,000, which is part of the remainder of the contract price of this case.

[Ground of recognition] The court below's determination as to the ground of claim as to the facts without dispute, Gap evidence 1 and 5 evidence (if there are various numbers, including branch numbers; hereinafter the same shall apply) and the purport of the whole pleading.

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