beta
(영문) 수원지방법원평택지원 2019.08.22 2018가합10557

자재대금 등 청구의 소

Text

1. As to KRW 2,023,660,281 and KRW 902,83,770 among the Plaintiff, the Defendant shall pay to the Plaintiff KRW 1,120,826,511 from June 1, 2018.

Reasons

1. Basic facts

A. The Plaintiff is a company that operates the manufacture and sales business of the household, and the Defendant is a company that operates the furniture manufacturing business, the main household manufacturing business, and the wholesale business.

B. From around 2016 to 2018, the Plaintiff entered into several basic transaction agreements, supply contracts, and goods supply contracts with the Defendant (hereinafter collectively referred to as “instant contract”).

According to the contract of this case, the defendant shall produce and supply furnitures, etc. in accordance with the contract specifications, drawings, etc. provided by the plaintiff at the construction site entrusted by the plaintiff, and the defendant shall purchase materials, etc. necessary for producing the relevant furniture, etc.

Accordingly, the plaintiff is obligated to pay the price of goods, such as a household, to the defendant, and the defendant is obligated to pay each purchase price, such as materials, to the plaintiff, and the plaintiff and the defendant agree to settle accounts by offsetting each claim finalized at the end of each month.

C. The Plaintiff’s claim 1) supplied various materials to the Defendant from May 1, 2018 to May 31, 2018, and the amount of the said materials totaled KRW 1,59,112,829. 2) The Plaintiff had a claim against Nonparty C (D) on the outstanding amount and the defect repair expenses, but the Defendant assumed the said obligation with the Plaintiff’s consent on January 20, 2018.

As of May 31, 2018, the sum of each of the above claims against C is KRW 17,246,429.

3) The Plaintiff paid part of the price of supply to the Defendant to the Defendant’s subcontractor, and the amount of direct payment is KRW 353,783,800 in total. 4) According to the supply contract concluded between the Plaintiff and the Defendant, the Defendant received the price of supply from the Plaintiff to the household that includes the cost of waste disposal, and accordingly, stated that each of the supply contract included “the cost of waste disposal in relation to the price of supply” under paragraph (8) of