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(영문) 서울남부지방법원 2015.09.11 2015가단11971
매매대금
Text

1. The Defendant’s KRW 49,127,00 for the Plaintiff and its 20% per annum from January 24, 2015 to the date of full payment.

Reasons

1. Basic facts

A. The Plaintiff is a personal entrepreneur who engages in steel and piping material wholesale retail business with the trade name of “B,” and the Defendant is a company engaged in manufacturing, wholesale and retail business, supply business, etc. of street lamps.

B. The Defendant concluded a contract for the provision of street lamps to be installed in districts C, D, E, etc., and ordered the manufacture of street lamps to the Plaintiff at the above site. From September 28, 2012 to August 15, 2014, the Plaintiff supplied 689 street lamps and 68 street lamps to the Defendant Company or each site.

[Reasons for Recognition] Facts that there is no dispute between the parties, Gap evidence Nos. 2 through 13 (including paper numbers), the purport of the whole pleadings

2. Determination:

A. The arguments by the parties and the defendant are 689 street lamps supplied by the plaintiff, except that the plaintiff supplied 68 parts of the light body, and there is no dispute over whether the unit price of the delivery was 40,000 won (in the case of the ice lease, there is no separate indication of value-added tax and no separate indication of value-added tax, 50,000 won, and 1070,0000 foot (10,000 foot).

However, the Plaintiff asserted that: (a) the basic unit price is KRW 300,000; (b) the unit price was set within the scope of KRW 250,000 through KRW 370,000; (c) the unit price was set; (d) when the basic unit price is added with KRW 350,000; and (b) the Defendant’s payment of KRW 2,467,045 is not related to the price of the goods claimed by the Defendant; (d) the Defendant paid KRW 229,906,80 as the price of the goods; and (e) the supply unit price agreed with the Plaintiff is 300,000 through the price of the goods; and (e) the delivery unit price agreed with the Plaintiff is 300,000 won through the price of the goods; and (e) the price of the goods shall be calculated based on the price of the goods as KRW 325,000,00; and (e) the amount is unpaid as the price of the Plaintiff.

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