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(영문) 수원지방법원 안양지원 2018.05.09 2017가단114748

물품대금

Text

1. The Defendant’s KRW 5,192,50 as well as the Plaintiff’s annual rate of KRW 6% from March 27, 2018 to May 9, 2018, and the following.

Reasons

1. Basic facts

A. The Plaintiff is a corporation that produces and sells smoking parts, metal structures, etc., and the Defendant is a corporation that produces and installs smoking parts.

B. On February 3, 2016, the Plaintiff entered into a business agreement with the Defendant with respect to the business and maintenance and management authority of the “KT Smoking Business” manufactured by the Plaintiff (A evidence 1-3; hereinafter “instant agreement”).

On March 23, 2016, the place of delivery of the annual contract price, 13,750,000 AGun Office 1, May 23, 2016, the 2015,576,00 AGun Office 2, 32, May 25, 2016, 200 B University 4. 50,00 B University 50,000 B University 4 May 31, 2016

C. In accordance with the instant agreement, the Plaintiff entered into a contract with the Defendant to manufacture and complete the smoking part as indicated below.

The Plaintiff and the Defendant set the delivery term on June 22, 2016 at the time of the contract No. 4 (hereinafter “instant contract”) as indicated below, and the rate of liquidated damages was 1/1,000 of the daily contract amount.

The Plaintiff supplied a smoking room to the Defendant according to the contract Nos. 1, 2, and 4 of the preceding paragraph, and the Defendant paid KRW 13,750,00 as the price for the goods under the contract No. 1, and paid KRW 4,672,80 as the price for the goods under the contract No. 2.

Meanwhile, on May 26, 2016, the Defendant paid KRW 6,260,700 to the Plaintiff as the instant down payment.

[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 4, Eul evidence 1 (including a provisional number), the purport of the whole pleadings

2. Determination as to the cause of action

A. The fact that the Plaintiff supplied the Defendant with smoking in accordance with the contract No. 1’s C/C No. 2 and No. 2 and No. 4 with respect to the claim for the payment of goods under the A/A Military Office No. 2 and Suwon C/C building contract (No. 1’s C/C No. 2 and No. 4) is as seen earlier, and the Defendant supplied the Defendant with smoking in total amount of KRW 11,453,200 (= KRW 10,923,200).