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(영문) 대구지방법원경주지원 2020.06.24 2018가단12820

물품대금

Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 89,856,442 to the Plaintiff (Counterclaim Defendant) and the Plaintiff’s counterclaim from October 9, 2018 to June 24, 2020.

Reasons

1. Facts of recognition;

A. 1) In order to produce and supply cases for the buffer buffer machine to Non-Party D Co., Ltd., the Defendant, on March 16, 2018, commenced rehabilitation procedures for the said company on March 16, 2018, and on September 23, 2019, the Plaintiff taken over the lawsuit.

hereinafter referred to as "Plaintiff" without distinguishing between the debtor and the plaintiff;

B) As between the Plaintiff and the Defendant, the Plaintiff entered into an agreement with the Defendant to supply 3,400 won per unit to the Defendant by the 3,000 unit of 3,00 units by March 22, 2018, 3,000 units by March 30, 2018, and 8,000 units by April 5, 2018 (hereinafter “instant agreement”). The Defendant agreed to pay 3,400 won per unit (hereinafter “instant agreement”).

(2) In order to implement the instant contract, the Plaintiff: (a) was supplied with the product that was produced and supplied to Nonparty E (the actual process was in F Co., Ltd., the external company of the said company); (b) the process was carried out in G; and (c) the product that was completed the final heat treatment process was supplied to the Defendant; and (d) the Defendant was produced and supplied with 3,183 goods up to March 31, 2018, as follows.

The date stated in the trading statement (No. 2-1 of A), March 23, 2018 (including value-added tax) for the unit price of the daily supply quantity (including value-added tax), but is not clear;

3. 25. Transfer of 25. The plaintiff is clear.

3. The assertion is 23.0

24.3,400 won: 3,400 won; 1,615,680 won; 3,400 won; 3,400 won; 1,159,400 won; 1,400 won; 3,400 won; 1,615,680 won; 40. 3,63,40 won; 36. 8,40 won; 40. 8,40 won; 36. 8,40 won; 40. 46. 8,63,40 won; 40. 86. 8,40 won; 36. 8,40 won; 40. 5. 40 won; 36. 8,405 won; 1,420 won; 3,408, 408, 480 won; 3,183,194; 4. 5. 6. 7. 5