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(영문) 부산지방법원동부지원 2014.12.19 2014가합832

물품대금 등

Text

1. The defendant shall pay 109,840,000 won to the plaintiff and 20% per annum from March 21, 2014 to the day of complete payment.

Reasons

1. Basic facts

A. The Plaintiff is a person who engages in wood processing and sales business under the trade name of C, and the Defendant is a person who manufactures and sells machinery and metal parts under the trade name of D.

B. On June 25, 2013, the Plaintiff entered into a contract with the Defendant for the supply of timber to be used in “the replacement of timber on warships” (hereinafter “instant contract”) and supplied timber. The main contents are as follows.

The actual contract amount: 280 million won (excluding value-added tax): The actual contract amount on July 26, 2013: Ebox (2) paid to the Plaintiff KRW 100 million on June 26, 2013, KRW 50 million on August 12, 2013, KRW 50 million on October 28, 2013, KRW 280 million on December 30, 2013, and KRW 200 million on December 30, 2013.

C. When entering into the instant contract with the Defendant, the Plaintiff was separately paid work costs to prevent the corruption of timber (hereinafter “defensive costs”). The Plaintiff incurred KRW 66 million (including value-added tax; hereinafter “defensive costs”).

On October 2013, the Plaintiff agreed to provide additional timber to the Defendant, and to receive KRW 15,840,000 (including value-added tax) plus KRW 1,540,000 (including value-added tax) for additional timber supply and KRW 1,540,000 (i.e., KRW 14,300,000) for additional timber supply.

[Ground of Recognition] A without dispute, Gap evidence 1 to 10, Eul evidence 12, Eul evidence 1 (including each number), witness F's testimony and witness G's partial testimony, the purport of the whole pleadings

2. The assertion and judgment

A. According to the above facts of determination as to the cause of the claim, the defendant is entitled to value-added tax of 28 million won under the contract of this case, 66 million won for the room expenses of this case, and 15,840,000 won for additional timber expenses of this case.