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(영문) 청주지방법원 2017.12.13 2016나3011

물품대금

Text

1. Of the judgment of the court of first instance, the part against the plaintiff falling under the following order for payment shall be revoked.

2...

Reasons

1. Basic facts

A. On May 2014, the Plaintiff entered into a contract with the Defendant for small-scale supply (hereinafter “instant contract”) with the Plaintiff to pay the total amount of the material cost and the processing cost calculated by multiplying the quantity of the material calculated by adding 5% to the material loss rate to the material quantity by the unit price per km unit price (hereinafter “instant contract”).

B. On or around December 2014, according to the Defendant’s order under the instant contract, the Plaintiff supplied each of the parts related to the comprehensive maintenance project (hereinafter “the first order”) located in the Chocheon-si, Kimcheon-si, Kim Jong-si, Kim Jong-si, Kim Jong-si, Kim Jong-si (hereinafter “the second order”). On or around March 2015, around April 2015, the Plaintiff received each of the parts related to the additional supply of Kim Jong-si, Kim Jong-si, Kim Jong-si, Kim Jong-si, and the development project for sports facilities located in the number of pages in the Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-si (hereinafter “third order”), and received the total amount of KRW 12,181,400, September 17, 2015 from the Defendant. < Amended by Presidential Decree No. 26517, Sep. 17, 2017; Presidential Decree No. 26580, Sep. 17, 2015>

[Ground of recognition] Facts without dispute, Gap evidence Nos. 4 through 6, Gap evidence No. 8 through 10, Gap evidence No. 18 through 19 (including those with serial numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. The parties' assertion and judgment

A. The plaintiff's assertion 1) The material quantity, which serves as the basis for the calculation of the price under the contract of this case, is the weight (Groswe rights, referring to the weight of standard iron plates before the defendant processed as a small absence ordered by the defendant; hereinafter referred to as "gral weight"), and the plaintiff delivered the absence of lawsuit in accordance with the defendant's order 1 to 3 orders based on the statutory weight. The price is 16,327,00 won (including value added tax) under the first order of this case and 12,181,40 won under the second order of this case.