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(영문) 수원지방법원 성남지원 2018.04.17 2017가단21991

물품대금

Text

1. The Defendant shall pay to the Plaintiff KRW 6,686,022 and the interest rate of KRW 15% per annum from November 30, 2017 to the day of complete payment.

Reasons

1. Basic facts

A. The Plaintiff is a corporation with the objective of manufacturing and selling construction materials, and the Defendant is a corporation with the objective of manufacturing and selling construction materials.

B. The Plaintiff supplied L&C Co., Ltd. (hereinafter “instant transaction”). From May 2016 to January 2017, 2017, J&D Co., Ltd. supplied Switzerland with two straight tubes, which is the contractor, with regard to the construction site of the J&D apartment.

However, on January 2017, treatment Construction Co., Ltd concluded a fixed supply contract with the Defendant, not the two L&C Co., Ltd. with respect to the above construction site.

C. Accordingly, around February 16, 2017, the Plaintiff, the Defendant, and Daewoo Construction Co., Ltd. held meetings at the site office (hereinafter “instant meeting”) and agreed on the method of determining the price of the goods to the Plaintiff, along with the fact that the Defendant paid the instant transaction price to the Plaintiff.

On December 7, 2017, the Defendant calculated the supply price for the instant transaction as 26% and paid KRW 24,882,418 to the Plaintiff.

[Reasons for Recognition] Facts without dispute, entry of Gap evidence 1 through 7 (including each number), the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff asserted that at the meeting of this case, the plaintiff agreed to determine the price of goods to the same extent as the supply price of goods to the treatment Construction Co., Ltd. at another site, which constitutes 33% of supply price, and the defendant asserts that the defendant should pay KRW 6,686,02 to the plaintiff additionally.

On the other hand, at the above meeting, the defendant agreed to determine the amount of goods or to determine the normal price of the industry, and the reasonable supply price calculated by the defendant taking into account the ordinary price is 26%, so that there is no money to be paid to the plaintiff.

B. According to the reasoning of the judgment below, Gap evidence No. 6, the plaintiff, the defendant, and Daewoo Construction Co., Ltd. participated in the instant meeting.