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(영문) 부산지방법원 2017.07.13 2016가단351722

정산금 청구의 소

Text

1. The Defendant shall pay to the Plaintiff KRW 155,537,295 and the interest rate of KRW 15% per annum from April 14, 2017 to the date of full payment.

Reasons

1. Facts of recognition;

A. (i) On March 19, 2010, C Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”) offered gold-type production contracts, such as V and sprink, to D Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”) that the Defendant actually operated; (ii) supplied flooring, etc. to the Defendant on April 30, 2010; and (iii) supplied the Defendant’s actual management of E Co., Ltd., F, and G, etc. (hereinafter “the Defendant’s management companies”), by July 15, 2015, sirens, voltages, etc. to the Defendant’s management companies.

r. The non-party company agreed to pay 161,417,295 won per month to the non-party company in installments the price for the goods and the price for the production of gold until December 8, 2014. The non-party company agreed to pay 161,417,295 won per month to the non-party company in installments.

(hereinafter referred to as “instant agreement”). See Article 28(1) of the Agreement, the Defendant paid to the Nonparty Company KRW 5,00,000,000 out of the said agreed amount, and KRW 880,000,00 on May 21, 2015.

x. On April 13, 2017, the non-party company transferred the claim for the instant agreed amount against the Defendant of the non-party company to the Plaintiff (the representative director of the non-party company), and notified the Defendant of the assignment of the claim on April 14, 2017.

[Ground for recognition] Each entry of Gap evidence Nos. 1 through 11 (including branch numbers) and the purport of the whole pleading

B. According to the above facts, the Defendant is obligated to pay to the Plaintiff the sum of KRW 155,537,295, which remains after deducting KRW 5,800,000 paid by the Defendant from KRW 161,417,295, and damages for delay calculated at the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from April 14, 2017 to the date of full payment after serving a copy of the instant complaint.

2. The defendant's assertion and judgment that the damage occurred because there are many defects in goods supplied by the non-party company to the defendant's management company and gold punishment.