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(영문) 서울중앙지방법원 2016.06.15 2015가단5223261

물품대금

Text

1. Upon the primary claim, the Defendant: (a) KRW 66,883,00 and the Defendant’s primary claim against the Plaintiff, from August 13, 2015 to June 15, 2016.

Reasons

1. Basic facts

A. From among the construction works of the construction works of the Kuju-Gung Railroad Construction 11-3 Section, the Defendant is a company performing the instant construction works of the tea laging from 118km to 119km535 Section (hereinafter “instant construction works”). The Plaintiff is a company supplying approximately a weak amount of the name “YGS-C1” necessary for the said laging construction works (hereinafter “the instant drug amount”).

B. From March 5, 2015 to May 22, 2015, the Plaintiff supplied both the Defendant 157 and 150 km the instant drug amount to the Defendant.

On the other hand, in Korea, the drug amount of this case is produced only in Youngsung Co., Ltd. (hereinafter “Nonindicted Company”) according to the OEM agreement with the Plaintiff.

(c) The douting work means the work to prevent groundwater, etc. being crepits of rocks and booms from infiltrating inside the construction site in order to prevent the inner infiltration of ground water, etc. caused by drilling underground spaces for construction or civil engineering.

On the other hand, on March 5, 2015, the Plaintiff transported the instant drug amount at the Defendant’s request on March 5, 2015, and the freight was KRW 880,000.

[Evidence Evidence] without dispute, entry of Gap evidence No. 4, purport of the whole pleadings

2. The assertion and judgment as to the main claim

A. The Plaintiff’s assertion (1) supplied the instant medicinal amount to the construction site at the Defendant’s request, and the price was determined to be settled ex post according to the mid-term price of the said contractual amount. Since the market price of the instant contractual amount is KRW 1,300 per liter and KRW 948 per liter, the Defendant is obligated to pay to the Plaintiff the goods price of KRW 163,876,020 calculated according to the above transaction price and KRW 164,756,020, the sum of the above transport cost of KRW 880,000, and delay damages.

(2) Whether the instant amount was supplied at the same supply price as at the time of being supplied by construction works of other construction sections immediately before the supply of the instant amount, or the price was later later.