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(영문) 서울남부지방법원 2016.08.10 2015가단47451
납품대금
Text

1. The defendant has been holding the "B" apartment model and its ancillary facilities from the plaintiff, Vietnames, exhibition stand, and exhibition stand.

Reasons

The plaintiff is engaged in the business of manufacturing and supplying apartment model of "D" in the name of wife C, and the defendant supplies apartment model produced and supplied by the plaintiff to the construction company, etc.

The Plaintiff was ordered by the Defendant to manufacture and supply apartment models built by E, B, and F as follows.

The following are examined according to the plaintiff's cause of claim and the defendant's defense of set-off.

F: The Plaintiff completed the supply on May 6, 2015 upon receipt of a request from the Defendant for the production of F in Ulsan G apartment sales model at KRW 30 million from the Defendant on April 18, 2015; the Plaintiff reduced the amount of KRW 29 million to KRW 31.9 million (including value added tax); the Defendant paid the Plaintiff KRW 24.9 million in total to the Plaintiff on November 11, 2015, with the total of KRW 24.9 million.

Therefore, the Defendant, barring special circumstances, should pay to the Plaintiff KRW 7 million (i.e., KRW 31.9 million - KRW 24.9 million) and damages for delay from May 7, 2015, which is the day following the completion of delivery.

(Article 65(1)(B) of the Civil Act: The Plaintiff asserted that the production of B apartment model from the Defendant on March 12, 2015, “35 million won (including value added tax)” is an amount excluded from value added tax; however, according to the evidence No. 2-1, the above amount is included in value added tax, as it clearly states that “(VAT)” is next to the above amount.

on April 9, 2015, upon being commissioned to manufacture, agreed to manufacture and supply them.

[No. 2-1 and 8 Evidence No. 8] The Plaintiff commenced model production work by starting drawing work, purchase of materials, etc. around that time.

[A evidence 7] However, B requested the Defendant to suspend the production of apartment complex model on the ground of the occurrence of a legal dispute with the wind forest industry, which is the previous project implementer, and the Defendant supplied the Plaintiff to the firstman on April 2015.

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