beta
(영문) 대전지방법원서산지원 2013.12.12 2013가합2831

물품대금

Text

1. The Defendant shall pay to the Plaintiff KRW 166,375,50 and the interest rate of KRW 20% per annum from June 5, 2013 to the day of complete payment.

Reasons

1. Basic facts

A. On July 9, 2012, the Plaintiff entered into a contract with the Defendant for the manufacture and supply of the machinery of Hyundai Steel Power Plants 5-8 nitrogen oxides reduction equipment (hereinafter “instant machinery”) to the supply price of KRW 900,00,000 (excluding value-added tax) (hereinafter “instant contract”).

B. The machinery of the foregoing nitrogen oxides reduction equipment is a machine that has a total of 553.8 tons of fLUE GY SYS YTS 212.6 tons, SCR RECTR SYS YTS 263.6 tons, and a total of 77.6 tons of PLATFOR STRURE 77.8 tons, and the Plaintiff completed the manufacture of 5 heading 90.1 ton of the instant machinery around September 12, 2012.

C. On the other hand, on June 25, 2012, the Plaintiff made and completed the production and installation of a ancient mountain tower at KRW 100,000,000 (value-added tax separate). The Plaintiff received KRW 85,00,000 out of the construction cost from the Defendant, and on July 9, 2012, agreed to pay the Defendant the said loans together with the payment of the instant mechanical cost. D.

On August 6, 2012, the Defendant paid only KRW 40,000,000 out of the instant mechanical costs to the Plaintiff.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 3, 4, 5, 7, Eul evidence Nos. 6 and 10, the purport of the whole pleadings

2. Determination as to the cause of action

A. On December 27, 2012, the Plaintiff asserted that the instant machinery price was settled between the Defendant and the Defendant by January 20, 2013. Accordingly, the Plaintiff settled the instant machinery price as KRW 166,375,500 by adding both the money payable for the instant machinery price and the money payable for the construction of the high-speed tower and the instant loans to KRW 166,375,50 on January 20, 2013.

As to this, the defendant did not pay the result that the plaintiff did not submit a document necessary for the settlement of the price of the machinery of this case, such as a material execution statement, an order, and a tax invoice.