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(영문) 수원지방법원 2016.07.08 2014가합62193

매매대금

Text

1. The Defendant’s 6% per annum from December 31, 2013 to March 24, 2014 and from the following day: < Amended by Act No. 13508, Dec. 31, 2013>

Reasons

1. Basic facts

A. The Plaintiff is a company that aims at the manufacture and sales business of dismissed goods and various kinds of raw materials, etc., and the Defendant is a company that aims at the manufacture and sales business of carbonproof products, special clothing, etc.

B. The Plaintiff and the Defendant concluded a contract to supply the original unit to the Defendant, and concluded a contract to supply it to the Defendant, and supplied it to the Defendant by holding the original unit from November 30, 2010 to December 31, 2013. The Defendant paid the price for the original unit unlawfully supplied to the Defendant. As of December 31, 2013, the price that the Plaintiff had not received during the supply period was totaled KRW 318,684,183, above KRW 318,684,183,183, and KRW 318,684,183,183, among the original parts that the Plaintiff received as of September 10, 3013, which were returned to the defective quality among those parts of the original parts, which were returned to the Plaintiff as of September 10, 3013, led to the amount of KRW 1,914,00 (the amount reflected in KRW 2-1,93,140).

C. On the other hand, on December 5, 2013, the Defendant sent a notice to the Plaintiff stating that “The remainder of the price that the Defendant paid as of September 10, 2013 was confirmed to be KRW 395,608,013 among the amount transacted between the Plaintiff and the Defendant, but there are grounds to deduct the amount equivalent to KRW 574,489,780 as follows, and thus, the said unpaid amount cannot be paid to the Plaintiff, and rather, the Plaintiff must pay the difference of KRW 178,81,767 to the Defendant.”

-Ar -

1. The balance claimed by a stock company A (Plaintiff): 395,608,013 won;

2. Amount to be deducted from the amount claimed by the plaintiff;

(a) Cases pertaining to a health-processing boat kept by the Plaintiff (product: N1050D, 45, 32,004m: 32,04m) x 1,720 won x 5,046,880 won (including value added tax, 60,551,568 won) < Amended by Presidential Decree No. 18,500km (weight equivalent to 32,004cm) x 7,200 won x 133,200,000 won

(b) Manee kne kne 900D P/OXF 60: value added tax, including 1,933,140 won;

(c)one inventory number as a result of the contract amount due to the defect in the whole quantity of the trainbaf;