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(영문) 서울동부지방법원 2017.02.08 2015가단44596

물품대금

Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 168,457,638 to the Plaintiff (Counterclaim Defendant) and its related amount from June 1, 2015 to October 12, 2015. < Amended by Act No. 13502, Oct. 12, 2015>

Reasons

1. Basic facts

A. From 2010, the Plaintiff Company processed and supplied the ice Products (EGI 1.23m, EGI 1.24m, EGI 1.53m, etc.) ordered by the Defendant Company.

B. The Plaintiff Company issued to the Defendant Company a detailed list of transactions in which the date, name, quantity, material cost, processing cost, and value of supply (sale amount) are indicated in the case of delivering the ice processing product to the Defendant Company. In addition, the Plaintiff Company issued a detailed list of transactions in which the details and attempted amounts of transactions for one month are indicated to the Defendant Company every month.

Plaintiff

The Company calculated the purchase price by adding a certain amount of profit to the material cost (in the event that the purchase price is input in the program used by the Plaintiff Company, the material cost is automatically calculated), confirmed the quantity at the processing work site, and did not raise any objection to the details (such as quantity, material cost, processing cost, sales cost, etc.) and the tax invoice issued by the Plaintiff Company.

C. On February 28, 2015, the Defendant Company affixed the seal of the Defendant Company to the Plaintiff Company on the specification of transactions in which sales details and accounts receivable are stated. The attempted amount as of February 28, 2015 was KRW 186,294,358.

Defendant Company did not affix a seal to the specification of transactions delivered from Plaintiff Company.

Since March 1, 2015 to May 30, 2015, the Plaintiff Company processed and supplied the Defendant Company a total amount of 32,163,280 won, as indicated in the attached specification of transactions, and then after March 1, 2015, the Plaintiff Company processed and supplied the Defendant Company’s products.

9. Until December 25, 200, an aggregate of KRW 50,000 was paid by the Defendant Company as the price for goods.

[Based on the recognition] Evidence Nos. 1 through 13, Evidence Nos. 1 and 3, Evidence Nos. 3 (including each number, hereinafter the same), the witness’s testimony, and the purport of the whole pleadings

2. According to the facts of the judgment on the Plaintiff’s main claim, the payment shall be made as of May 30, 2015.