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(영문) 수원지방법원 평택지원 2018.08.10 2017가단63083

물품대금

Text

1. The Defendant’s KRW 98,478,337 as well as its annual 6% from April 1, 2017 to December 19, 2017 to the Plaintiff.

Reasons

1. Determination on the cause of the claim

A. The facts of recognition (1) The pertinent Plaintiff of the parties, etc. is a company that engages in manufacturing and selling secondary-related products and medical marinas, etc., and the Defendant is a company that engages in manufacturing, wholesale, retail, etc. of industrial-related products, and B is a company that engages in manufacturing, wholesale, retail, etc. of chemical drugs. The Defendant and B are both the company that engages in chemical medicine export and import sales, etc., and both the Defendant and B are the representative director, and the Plaintiff was engaged in the supply transaction with the Defendant and B, and the Plaintiff was engaged in the supply transaction with the Defendant and B

(2) From December 2016 to March 2017, the Plaintiff supplied the Defendant with a total of KRW 342,978,337 (hereinafter “instant supply transaction”). However, the Defendant paid a total of KRW 244,50,000 to the Plaintiff via his/her name or stock company (hereinafter “instant supply transaction”). As of August 31, 2017, the Defendant paid a total of KRW 244,50,000 to the Plaintiff.

(3) On the other hand, around November 13, 2013, the Plaintiff supplied B, a company B with a medical charge equivalent to KRW 111,801,250,000, out of the supply price from B, around November 19, 2013, and received KRW 111,00,000, out of the supply price from B from another company (mutual name: D) around November 30, 2013. On the other hand, B supplied the medical charge from the Plaintiff to its another company (mutual name: D) as it was re-supplyed to KRW 138,943,750, but it was so far as the supply price of the goods is different from the sample goods, the Plaintiff was unable to receive the remainder of KRW 79,77,345, out of the supply price.

Accordingly, around April 2014, B demanded the Plaintiff to compensate for damages caused by the defect in the black Tech, which was supplied to the Plaintiff on or around November 2013, and the Plaintiff newly supplies the Plaintiff to B on the same day between April 23, 2014 and B.