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(영문) 서울북부지방법원 2017.05.23 2016가단9107

물품대금

Text

1. On June 2015, the Plaintiff (Counterclaim Defendant) for the building stones Co., Ltd.: 31,129,230 won and its related thereto.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Plaintiff is a person who is engaged in the business of manufacturing stone, etc. under the trade name of “C”, and the Defendant’s relic stone (hereinafter “Defendant’s relic stone”) is a corporation with the purpose of wholesale and retail business, etc., and the Defendant Habstststststst Co., Ltd. (hereinafter “Defendant Haststststststst”) is a corporation with the purpose of construction business, etc., and Defendant 2 served as the head of the Hastststststststst of the Defendant Hathstststststst of the Hathstststststst of the Hacheon-si D New Construction Works (hereinafter “the instant construction site”).

B. The Defendant’s re-building stones and De-betast on March 20, 2015 concluded a contract for the supply and installation of materials with the content of the supply and installation of stone to the Defendant Habstststst, with the price of KRW 99 million as of March 20, 2015, at the instant construction site.

On the other hand, on December 4, 2014, Defendant AB entered into a subcontract with respect to the Clean Construction Co., Ltd. (hereinafter “Cheongju Construction”) on the condition that the construction cost for Hansung Construction Co., Ltd. will be KRW 256,300,000.

C. The Plaintiff entered into a contract with the Defendant Jae building stones for the supply of the instant building stones (hereinafter “instant building stones supply contract”) at the instant construction site and received a signature in the trading list from F, the site manager of the Defendant Jae-gu’s building site, as shown below, while supplying the building stones equivalent to the total amount of KRW 64,129,230 (including value-added tax 5,829,930) from April 24, 2015 to June 27, 2015, and received a payment of KRW 33 million (including value-added tax of KRW 3 million) from Defendant Jae-gu’s building stones as listed in the following table (However, the signature of F was omitted in the trading list as of May 26, 2015).

The total amount of money paid by the Defendant’s stone for the supply of goods on the date of the transaction (outstanding amount) shall be KRW 5,500,000 (including value-added tax of KRW 500,000) on April 24, 2015.