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(영문) 수원지방법원 안산지원 2018.04.11 2017가단60119

물품대금

Text

1. The Defendant (Counterclaim Plaintiff) is 18,350,000 won and 15% per annum from January 21, 2017 to the date of full payment.

Reasons

1. The following facts of the case may be acknowledged by comprehensively considering Gap evidence 1, Eul evidence 6 (including paper numbers), the whole purport of the pleadings.

① On September 7, 2016, the Defendant entered into a contract for the supply of goods (the production and installation of the ezanaine Rack is its content; hereinafter referred to as “the creation of the ezine”).

② The Defendant brought a lawsuit against C seeking payment of KRW 29,00,000,000, which was set forth in the instant order in the instant order to the effect that “C did not pay the remainder of KRW 29,040,000,000,” and the Defendant brought a lawsuit seeking payment of KRW 29,040,000,000, as the instant court 201Ga7239.

③ Around September 28, 2016, the Plaintiff requested the Defendant to produce and supply C-type structure, steel stairs, and road railers (hereinafter “instant product”) for KRW 3,1350,000,000, and produced and supplied the instant product to the Defendant by October 23, 2016.

The cause of the principal claim: the payment of 18,350,000 won for the remaining goods derived from the Defendant out of the amount of 3,1350,000 won for the goods of this case shall be sought.

Counterclaim Claim: The Defendant was manufactured and supplied from the Plaintiff during the period from October 5, 2016 to October 15, 2016 and decided to set up the instant red classsetting construction site.

The materials supplied by the Plaintiff to the Defendant were defective, and the supply of the instant materials was delayed, making the Defendant change the Defendant’s fair order.

As a result, the Defendant has delayed construction for one month by performing the instant construction works until November 21, 2016. From October 21, 2016 to October 21, 2016, the Defendant suffered damages from expenditure of KRW 49,437,580 for on-site accommodation, food, personnel expenses, equipment expenses, etc.

Therefore, the Plaintiff is obligated to pay 49,437,580 won to the Defendant for damages.

2. Determination:

A. As above, the judgment on the principal claim is based on the facts acknowledged.