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(영문) 인천지방법원 2017.04.12 2015가단48022

물품대금 등

Text

1. The plaintiff (Counterclaim defendant)'s main claim is dismissed.

2. The plaintiff (Counterclaim defendant) is about 10,000.

Reasons

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. The parties' assertion

A. The Plaintiff’s main source of lawsuit was supplied and established at the Defendant’s new construction site of Seoul Special Metropolitan City, Gwanak-gu, etc. as shown in the annexed supply sheet. As such, the Defendant is obligated to pay the Plaintiff KRW 17,540,00 (hereinafter “D company’s portion”) for the goods from June 20, 2013 to July 10, 2013; KRW 18,00,000 for the goods from December 19, 2013 to December 22, 2013; KRW 10,000 for the goods from 10,50,500 for the goods from September 4, 2013 to 30,50 for the goods from 192,75,500 for the goods from September 4, 2013 to 10, 205; KRW 305,500 for the goods from 20,500,500 for the remainder (hereinafter “the Plaintiff”).

B. On December 15, 2014, the Plaintiff and the Defendant settled the price for the goods during the period and agreed to additionally supply the difference of KRW 203 to the Plaintiff by calculating KRW 80,000,000 as the payment for goods at KRW 53,00,000 as the payment for goods to the Plaintiff. The Plaintiff agreed to additionally supply the difference of KRW 27,00,000 to the Defendant.

Since then, the Plaintiff supplied goods equivalent to KRW 27,692,00 in total from January 12, 2015 to February 9, 2015, as shown in the attached supply sheet of the Plaintiff’s assertion, and the Defendant paid KRW 11,00,000 to February 9, 2015, as in the attached repayment sheet of the Plaintiff’s assertion, to the Plaintiff. Accordingly, the Plaintiff is obligated to pay KRW 10,308,000 to the Defendant (i.e., KRW 27,00,000 (= KRW 11,00,000,000), as sought by the Defendant.

2. Facts of recognition;

A. The Plaintiff is the principal household to the Defendant from June 2013 to February 9, 2015.