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(영문) 수원지방법원 평택지원 2018.05.08 2016가단8294

사용료

Text

1. The total cost of removal of the building on Pyeongtaek-si C and the cost of construction work among the counterclaim claims filed by the Defendant-Counterclaim Plaintiff.

Reasons

1. On April 20, 2015, the Plaintiff supplied the Defendant with the amount of KRW 25,00,00,000 for the total amount of KRW 42 V, unit price of KRW 59,800 per unit price from February 2, 2014 to July 2014 and received KRW 25,00,000 as the payment, taking into account the following facts: (a) Party A’s evidence Nos. 1 through 5 (including branch numbers) and witness D’s testimony; (b) the Plaintiff supplied the Defendant with the amount of KRW 2,762,760 per unit price to KRW 2,50 per unit price to KRW 60,00 per unit price; and (c) the Plaintiff received KRW 2,50,000 per unit price from Defendant on September 8, 2015 to KRW 2,50,000 per unit price; and (d) the Plaintiff’s obligation to deliver the amount of KRW 760,7605,2060.7.7

2. Judgment on the defendant's counterclaim

A. The Plaintiff asserts that the part seeking payment of the total cost of removal of the building on Pyeongtaek-si C and the cost of construction work on the ground that the intensity of the Plaintiff supplied to the Defendant does not reach the standard level, and that the Plaintiff should pay the Defendant the total cost of removal of the building on the ground of Pyeongtaek-si constructed with the above ready-mixed and the cost of construction work on the building. However, this part of the claim is unlawful, since it is not specified to the extent that the claim is possible

Therefore, this part of the defendant's lawsuit is dismissed.

B. (1) The part demanding payment of the amount (1) The plaintiff allegedly increased the amount of ready-mixed supplied to the defendant, set the unit price at a higher level, and claimed an excessive amount of KRW 13,584,00.

Therefore, the Defendant’s unpaid payment to the Plaintiff is KRW 3,383,00 ( KRW 16,967,000 - KRW 13,584,00), and the Plaintiff is liable to pay the unpaid payment to the Plaintiff.

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