(영문) 인천지방법원 2017.01.25 2015가단210315

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(영문) 인천지방법원 2017.01.25 2015가단210315

물품대금

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1. The Defendant’s KRW 34,674,305 as well as 6% per annum from March 28, 2014 to January 25, 2017 to the Plaintiff.

Reasons

1. Determination on the claim for return of the balance of glass raw materials

A. Determination 1 on the cause of claim) The following facts do not conflict between the parties (the Defendant: (a) made a statement to the effect that the Plaintiff was unaware of, but there is no evidence to support the fact that the confession was contrary to the truth and due to mistake, on the grounds that the confession was made due to the fact that the confession was contrary to the truth and due to mistake, on June 15, 2016, after the confession of the following facts at the date of the second preparatory date for pleading; (b) in the preparatory document dated June 15, 2016, the Plaintiff supplied

(A) The Plaintiff received a supply of and demand for a glass window among the apartment construction works in the Seocho-gu, Incheon, Seodong-gu, Seodong-gu, Incheon.

B) Around February 10, 2013, the Plaintiff entered into a service contract for the production of glass in the construction site with the Defendant, and the content thereof was that, if the Plaintiff offered favorable raw materials to the Defendant, the Defendant manufactured and supplied the glass, using the glass raw materials, and the Plaintiff would pay the service fees to the Defendant, but the Plaintiff would receive the refund of the remaining glass raw materials (hereinafter “instant service contract”).

(C) From February 12, 2013 to October 14, 2010 of the same year, the Plaintiff supplied the Defendant with the free raw materials of KRW 438,903,537, and the Defendant produced and supplied the free windows using the free raw materials of KRW 370,631,521 among them. D) The Defendant did not refund the said free raw materials remaining after the production of the free windows (=438,903,537 - KRW 370,631,521) to the Plaintiff, and the Plaintiff did not currently have the free raw materials to be returned. (2) The Plaintiff bears the obligation equivalent to the said amount because it did not pay the Defendant the service price of KRW 33,597,711 under the instant service contract, and the said amount is deducted from the free raw materials settlement amount.

In full view of the above facts of recognition, the defendant shall, unless there are special circumstances.

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