(영문) 인천지방법원 2014.12.17 2014가단54600

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(영문) 인천지방법원 2014.12.17 2014가단54600

물품대금

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1. The Defendant: (a) KRW 21,00,000, and 6% per annum from January 21, 2014 to December 17, 2014 to the Plaintiff.

Reasons

1. In full view of each of the statements in Gap evidence 1-1, evidence 1-2, evidence 2, evidence 2-3, evidence 4-1 through 5, evidence 5-1 through 7, evidence 5-1 through evidence 6-1 through evidence 6-4 as to the cause of the claim, the plaintiff is a corporation with the purpose of wholesale and retail business, etc., and the defendant is a corporation with the purpose of contract for civil engineering and construction work. The plaintiff entered into a contract for the supply of timber with the defendant around 2012, and the plaintiff supplied the defendant with the amount of KRW 61,321,391 to July 27, 2013, but did not receive KRW 37,725,836 out of the wood price up to now.

Therefore, barring special circumstances, the Defendant is obligated to pay the Plaintiff the unpaid timber price of KRW 37,725,836 and delay damages therefor.

2. Defenses to the effect that the Defendant agreed on the unpaid amount on December 26, 2013 when a portion of the timber price was not paid from the Plaintiff, and thereafter, paid KRW 5 million among them.

On December 26, 2013, the Plaintiff’s representative director B agreed to KRW 26,00,000 per gold day as part of December 26, 2013 with respect to KRW 42,725,836 of the outstanding amount, and agreed to pay KRW 5,00,000 per gold day as the remainder of the outstanding amount ( KRW 21,00,000) by January 20, 2014. Upon the payment of all the amounts, the Plaintiff’s representative director B agreed to pay the outstanding amount by December 26, 2013, and issued it to the Defendant. It can be acknowledged the fact that the Plaintiff agreed to pay the outstanding amount by January 20, 2014.

This Agreement is reasonable to view that it is not a conditional agreement to exempt the remainder of the outstanding amount if the defendant pays 26 million won to the plaintiff, but a conclusive agreement to reduce the outstanding amount at the time of agreement to 26 million won. Thus, the defendant's defense is accepted.

Therefore, the defendant is against the plaintiff.

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