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(영문) 서울남부지방법원 2018.09.07 2017가합111698
물품대금
Text

1. The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) amounting to KRW 262,830,430 and its amount from October 17, 2017 to September 7, 2018.

Reasons

A principal lawsuit and counterclaim shall be deemed to be combined.

1. Basic facts

A. The Defendant is a company with the purpose of the business of manufacturing and selling car and audio and neons, and the Plaintiff is a company with the objective of developing and selling electronic equipment hardware, software, and manufacturing and selling business.

B. On January 12, 2016, the Plaintiff entered into a contract to supply goods to the Defendant with a unit price of 69,000 won per unit price (including value-added tax; hereinafter the same shall apply). On April 28, 2017, the Plaintiff entered into a contract to supply goods to the Defendant with a unit price of 70,000 won per unit (hereinafter referred to as “Ebbbox supply contract,” “Dbox supply contract,” and “instant supply contract,” respectively.

C. On February 1, 2017, the Defendant ordered 20,000 unit price to the Plaintiff for KRW 67,500 per Ebbbox (the Plaintiff and the Defendant changed several times whenever ordering the supply price of Ebbox) and KRW 10,00 per unit price on June 19, 2017, respectively.

After consultation with the plaintiff and the defendant, each of the above black boxes was supplied by dividing them into a white belt or a flood belt upon the defendant's request for orders.

Although the Defendant paid the price for the goods of each of the above black boxes supplied by the Plaintiff by August 2017, the Defendant did not pay the price for the goods of the Ebbox 4,440 and Dbox 3,100 that the Plaintiff supplied by September 2017.

E. Meanwhile, the Plaintiff and the Defendant have caused disputes over free A/S under the instant supply contract, and the Defendant notified the Plaintiff that the instant supply contract was terminated on October 12, 2017 by sending the content-certified mail, October 17, 2017, and the following day. On November 1, 2017, the Defendant notified the Plaintiff that the instant supply contract was terminated on the grounds that the Plaintiff refused to perform the contract.

Article 9 [Return and /S] of the E Bable Stack Supply Contract for the Goods that the Plaintiff sold to the Defendant shall be as follows:

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