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(영문) 대구지방법원 2017.12.21 2016가합204466
물품대금
Text

1. The Defendant’s KRW 457,064,929 as well as the Plaintiff’s KRW 6% per annum from July 20, 2016 to December 21, 2017.

Reasons

1. Basic facts

A. The defendant is a company that produces and supplies automobile body panel, etc. to Hyundai Motor Co., Ltd., and the plaintiff is a company that produces and supplies parts necessary for the production of the defendant's above panel to the defendant.

B. Around 2004, the Plaintiff entered into a basic contract with the Defendant to continuously produce and supply parts necessary for the production of the Defendant’s panel as above.

In accordance with the above contract, the Defendant gratuitously lent a gold model necessary for the production of parts to the Plaintiff, and provided the Plaintiff with raw and subsidiary materials necessary for the production of parts each month, the Plaintiff produced and supplied the parts to the Defendant by using them, and thereafter, the Defendant paid the remainder to the Plaintiff after offsetting the Plaintiff’s claim against the Defendant, the Defendant’s claim against the Plaintiff, and the Defendant’s claim against the Plaintiff for the remainder.

C. While the Plaintiff supplied parts to the Defendant as above, around September 5, 2013, the Plaintiff agreed to terminate the transactional relationship by terminating the said basic contract with the Defendant and terminating the transactional relationship. If the Defendant paid to the Plaintiff additional KRW 1 billion for the Plaintiff’s compensation for losses incurred during the contract or for the Plaintiff’s consolation money under the conditions of return of the Plaintiff’s gold-type (Provided, That in the form, until the first half of 2013, in the name of goods), the Plaintiff would return the gold-type paid by the Defendant to the Defendant (hereinafter “instant agreement”) and the specific details are as follows.

1. The Defendant pays to the Plaintiff KRW 1 billion as the price for goods until the first half of 2013, and the Plaintiff shall make every effort to ensure that the production of goods does not interfere with the Defendant’s production until the completion of the contract.

2. When the defendant and the plaintiff notarized an agreement, they immediately pay to the plaintiff KRW 390 million out of KRW 1 billion, and the plaintiff shall issue a tax invoice of KRW 390 million to the defendant as the price for the goods and deliver it to the defendant.

value-added tax;

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