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(영문) 울산지방법원 2017.08.17 2015가합935

물품대금

Text

1. The Defendant’s KRW 246,005,640 as well as the Plaintiff’s KRW 20% per annum from February 3, 2015 to September 30, 2015, and the following.

Reasons

1. Basic facts

A. The Plaintiff is an engineering work company, reinforced soil retaining wall, etc., and the Defendant is a company engaged in soil work, etc., respectively.

B. Around August 2010, the Plaintiff entered into a technical agreement with the Defendant on the construction of reinforced earth retaining walls, and set a unit price for supply of materials related to reinforced earth retaining walls.

C. In accordance with the technical agreement, the Plaintiff supplied the Defendant with materials related to reinforced retaining walls (hereinafter “the instant materials”) regarding creative and secondary road construction works, ancient and fung national highways construction works, rooftop road construction works, middle-sea road restoration works, national road 3 lines construction works, afforestation and road construction works (hereinafter “each of the instant road works,” excluding original and secondary road works, and all of the remaining road works, hereinafter “other road works”).

【Ground for recognition】 The fact that there is no dispute, Gap's evidence No. 1, and the purport of the whole pleading

2. Determination as to the cause of action

A. In full view of the overall purport of the pleadings as to the materials cost related to Changwon and Busan Road Construction, the Plaintiff supplied materials to the Defendant in relation to Changwon and Busan Road Construction. On September 10, 2012, the Defendant calculated the cost of the materials related to Changwon and Busan Road as the cost of the materials and calculated the unpaid total of KRW 356,290,000 (including value-added tax; hereinafter the same shall apply) as the unpaid materials cost.

The Defendant agreed to pay to the Plaintiff on November 19, 2012. The Defendant agreed to pay the Plaintiff 30% each month from February 2013, 2013 after deducting the amount of KRW 165,00,000 from the Defendant’s total amount of the unpaid materials from KRW 356,290,000,000. The Defendant received KRW 33,000,000 from the income of the South Korean Literature District, and the Defendant received the tax invoice for the total of KRW 109,410,40 from the amount of the unpaid materials from the Plaintiff and the non-paid materials (hereinafter “tax source industry development”).

It was issued in the name and agreed to pay the money for the development of the tax industry.