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(영문) 대전지방법원서산지원 2015.08.13 2015가합273

물품대금

Text

1. The Defendant: (a) KRW 508,739,642 for the Plaintiff and KRW 6% per annum from September 1, 2014 to March 5, 2015.

Reasons

1. Basic facts

A. On November 11, 2013, the Plaintiff is a product made by mixing the remaining substances with the Defendant by refining iron lamps from the cement mix with cement later at the ratio of approximately one unit and approximately one unit and about 1.

A contract was concluded to supply approximately KRW 10,00 tons to the new site of Incheon International Passenger Terminal, and from December 2013 to March 2014, it supplied 682,947,826 won as listed in the following table to the above construction site.

Date supply value: 224,408,184 won around December 2013, 2014; KRW 210,494,427 won around January 2014; KRW 198,914,595 won around February 2014; KRW 682,947,826 won in total, around March 2014;

B. In addition, around June 2014, the Plaintiff entered into a contract with the Defendant for the supply of the cement at the construction site of the Maslovag from the Masium, and around that time, supplied the cement of KRW 200,200,000 at the above construction site.

C. The Plaintiff was paid KRW 374,408,184 out of the cement price of the said ancient slurg by the Defendant.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings

2. According to the above facts finding as to the cause of the claim, the defendant is obligated to pay to the plaintiff the unpaid amount of 508,739,642 won [((682,947,826 won 200,200,000 won) - 374,408,184 won] from September 1, 2014 to March 5, 2015 when the duplicate of the application for payment order was served on the plaintiff from September 1, 2014 to March 5, 2015, and damages for delay calculated at a rate of 20% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the following day to the date of full payment.

3. In conclusion, the plaintiff's claim of this case is reasonable, and it is so decided as per Disposition.