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(영문) 대전지방법원 2017.06.02 2016나4042

물품대금

Text

1. Of the judgment of the court of first instance, the part against the defendant in excess of the amount ordered to be paid below shall be cancelled.

Reasons

Basic Facts

The plaintiff is a stock company with the purpose of aggregate production business, and the defendant is a stock company with the purpose of quarrying, production, sale, etc.

1. The purchase price for approximately 100,000 cubic meters of the total volume of the Plaintiff’s raw materials remaining at the construction site of Sejong City ( approximately 78,000 cubic meters of the remaining volume, approximately 20,000 cubic meters of the total volume) shall be 210,000,000,000, regardless of the upper volume;

2. A mixture of aggregate found at the site shall be paid for the settlement of accounts with the actual sales amount;

3. On the basis of the unit price for 26,807 cubic meters for cambabba, which is located near the scene of cambababba, the unit price for 15,000 cubic meters shall be determined by 26,807 cubic meters and shall be determined by the sum of the unit price for 2,100 cubic meters acquired from E in 209, and the remaining quantity shall be determined by the sum of the unit price for camba (2,100 per cubic

4. The acquisition amount of facilities on the spot shall be one hundred thousand won.

The acquired facilities:

(a) One motor vehicle of motherbed;

(b) A lamps for access roads;

(c) Fluores with the core of the poles;

(d) One device with the wheels;

(e) A substation;

5.The above matters shall be paid to the company designated by I or I.

6.The method of settlement shall:

(a)To pay in preference, after converting the quantity of the raw materials above the site into the amount, and the unpaid volume shall be settled at the difference of the following month;

(b) a mixture of aggregate shall be paid first by converting the quantity taken out at the site into the amount, and the amount of unused aggregate shall be settled at the difference in the following month.

(c) paragraphs 3 and 4 shall be paid monthly on the basis of the date of payment.

The sum of paragraphs (a) and (b) and (c) shall be closed at the end of each month and shall be paid within the tenth day of the following month.

7. On November 30, 201, the settlement date of accounts entered into a contract with the Defendant on April 15, 201 (hereinafter “instant transfer contract”) on the part of the Defendant’s representative director D (hereinafter “instant payment rejection”) under the following terms and conditions, when the Plaintiff entered into the said contract with the Defendant on April 15, 201 (hereinafter “instant transfer contract”).