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(영문) 부산지방법원 2016.05.19 2014가단62578

물품대금

Text

1. The Defendant (Counterclaim Plaintiff) pays KRW 28,600,000 to the Plaintiff (Counterclaim Defendant).

2. The defendant (Counterclaim plaintiff)'s counterclaim.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. The Plaintiff is a company that engages in the business of producing and supplying teas from 116, 3, 3, 116, Busan Gangseo-gu, Busan, and the Defendant is a person who engages in the business of manufacturing ships, supplying engines, parts, etc. in the name of Gangseo-gu, Busan.

B. On March 2013, the Plaintiff, in accordance with the Defendant’s order, has a heading string and defenses in the Defendant’s factory B, and thereby, is a device for loading goods.

At least 10 tons of personal capacity, 2 and 3 tons of personal capacity were installed. hereinafter referred to as “each of each of each of each of each of the of the instant Lesins”).

The construction contract was prepared as of March 15, 2013 at the time. The object to be installed was 10 tons of 10 tons of wre, 1st wre, 3 tons of wrest wrest wrest wrest wrest, 83,000,000 of the contract amount (excluding value-added tax), from March 15, 2013 to April 30, 2013, 10% of the contract amount (8 million won) is paid immediately, and the remainder 90% of the contract amount is written after completion of the on-site work after completion of the work.

C. On April 4, 2013, the Plaintiff received KRW 8 million out of the installation cost from the Defendant, and received the remainder of KRW 83.3 million on August 21, 2013.

[Plaintiff issued a tax invoice of KRW 91.3 million (including value-added tax) on June 28, 2013.

The Plaintiff was granted safety certification under Article 34 of the Industrial Safety and Health Act for the Defendant on July 4, 2013, following documentary examination conducted by the Korea Occupational Safety and Health Corporation from Busan District Office on May 23, 2013.

E. Around August 2013, the Defendant issued an order for one of the high-speed cranes (20 tons of personal capacity; hereinafter “instant 20 tons of personal capacity”). On November 7, 2013, the Plaintiff sought a middle high-speed crane, and completed the construction of the Defendant’s factory.

The Plaintiff sought the payment of the installation cost of KRW 33,214,50 from the original installation cost, and around December 4, 2013, it is 28,600.