beta
(영문) 울산지방법원 2019.06.12 2018가단55816

물품대금

Text

1. The Defendant’s KRW 44,228,140 as well as the Plaintiff’s annual rate from April 5, 2018 to June 12, 2019, and June 13, 2019.

Reasons

1. Facts of recognition;

A. The Plaintiff is a person who is engaged in the supply business, such as air conditioners, in the trade name of “C,” and the Defendant (hereinafter “Defendant hotel”) is a company operating a tourist hotel business and a lodging business.

B. On May 19, 2017, the Plaintiff entered into a contract with the Defendant for installation of D system air conditioners (hereinafter “system air conditioners”), communications, and ACCR’s construction cost-making equipment (hereinafter “air conditioners”) with the Defendant’s main office room, coffee shop, etc. (hereinafter “system air conditioners”), three weeks from the date of completion of product construction (excluding value-added tax), three weeks from the date of completion of line pipe work to the date of completion of construction, and from the date of completion of line pipe work to the date of completion of construction (hereinafter “this case’s agreement”). On the 20th of the same month, the Plaintiff entered into a contract for installation of air conditioners and value-added tax on the separate hotel system of the Defendant’s hotel, etc. (hereinafter “this case’s agreement”) with each of the instant agreement for installation of air conditioners and no more than 170,700, and each of the instant agreement for installation of air conditioners, etc. (hereinafter “the instant agreement”).

each of them was concluded.

C. The Defendant paid to the Plaintiff the down payment of KRW 61,600,000 for the down payment for the air conditioner installation contract of this case, etc. around the day of each contract of this case, and KRW 10,000 for the down payment for the air conditioner installation contract of this case, respectively.

Since then, the Plaintiff completed the trial operation by installing and supplying system air conditioners under each of the instant contracts to Defendant Hotel, and around October 30, 2017, the Plaintiff is the Defendant E Co., Ltd. (hereinafter referred to as “E”).

(3) The Defendant issued a surety insurance policy under each of the above contracts, but did not complete the construction of air conditioners under each of the above contracts until the closing date of the argument in the instant case.