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(영문) 서울동부지방법원 2016.08.12 2016나21966

양수금

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Facts of recognition;

A. The Plaintiff is a company that manufactures and sells reinforced glass.

A under the trade name of "B", the plaintiff was supplied with reinforcement glass and the Changho Construction Corporation was done.

B. A received an order from the Defendant to perform construction works for reinforcement glass, etc., and upon January 10, 2015, A has the outstanding amount of KRW 482,000,000.

C. A received an order from the Defendant to install the entrance reinforcement glass door from February 13, 2015 to March 2015, at the same eight entrances from February 13, 2015, the Defendant installed 32 double door reinforcement glass door (i.e., 8 x 4).

Among them, two reinforcement glass doors were reconstructed by a survey error. D.

On April 16, 2015, the Plaintiff acquired the claim for KRW 7,220,400 from A to the Defendant.

The details are as shown in the attached list.

Upon delegation from A, on April 17, 2015, the Plaintiff notified the Defendant of the fact of the transfer and takeover of the above bonds by mail, and the above notification reached the Defendant around that time.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 6 (including paper numbers), Eul evidence Nos. 2, 7, and 8, or the purport of the whole pleadings

2. Assertion and determination

A. The Plaintiff seeks payment of KRW 6,940,40,00, which is the remainder calculated by subtracting the amount of KRW 280,000,00, which is 280,000, which has been reconstructed due to a survey error, from the amount of KRW 7,220,40.

The defendant shall claim the plaintiff's claim on the ground that the number of reinforcement glass inquiries installed at 8 entrances of the entrance is 16, the price of materials other than the reinforcement glass and the construction cost cannot be claimed separately, and the unit price is at a price lower than the market price.

The following circumstances revealed in light of the above evidence and the purport of the entire pleadings, i.e., the size and quantity of reinforcement glass in the statement prepared by the defendant (Evidence 1) is the same as that of the attached list, and ii) A value-added tax is levied on the defendant.