beta
(영문) 창원지방법원진주지원 2016.11.24 2015가단31984

물품대금

Text

1. The Defendant’s KRW 19,390,032 as well as the Plaintiff’s annual rate from October 26, 2015 to November 24, 2016, and the following.

Reasons

Basic Facts

On September 24, 2014, the Plaintiff entered into a contract with the Defendant to supply the goods in construction site to the Defendant in various fields, such as B site, etc.

On December 18, 2014, the Plaintiff agreed to pay the difference to the Defendant on December 18, 2014, “each of the instant notes” with the following: “If the Plaintiff is paid the amount exceeding KRW 117,60,000 from D’s original written contract with the Defendant in excess of the amount of KRW 117,60,00,00, it shall be paid to the Defendant.”

(1) The Plaintiff asserted that the Plaintiff supplied all materials to the Defendant according to the supply contract, and the remainder of KRW 21,922,032 is not paid. The Defendant’s assertion is merely KRW 16,735,400, and the Defendant’s demand for the production of materials is 90,000, KRW 871,400, and KRW 1,200, KRW 700, and KRW 1,000, KRW 705,515, which the Defendant had to pay to the Defendant for the discontinuance of the supply of materials during the period of the suspension of the work, and the Plaintiff should be entitled to deduct the difference of KRW 1,5,00, KRW 300, KRW 6,000, KRW 5,000 which the Defendant had to pay to the Defendant for the total amount of KRW 70,00, KRW 30,000, KRW 10,000, KRW 6,000, KRW 70,000.