logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울동부지방법원 2019.09.19 2017가단25155
물품대금
Text

1. The Defendant (Counterclaim Plaintiff) shall pay to the Plaintiff (Counterclaim Defendant) KRW 43,740,00,000 as well as the full payment from October 16, 2016.

Reasons

A principal lawsuit and counterclaim shall be deemed to be combined.

1. Basic facts

A. The Plaintiff is a legal entity that manufactures and sells anti-versive, damping, and mutual assistance equipment, etc. The Defendant is the representative of C Co., Ltd. with the main purpose of growing and selling mushrooms.

Article 2 (Period of Delivery): On September 15, 2016, when this Agreement is not paid within 15 days after completion of trial operation, late payment charges shall be paid to the owner of the contract 2% per month of the contract amount.

Article 9 (Follow-Up Management) In cases of natural disasters, supplementation and repair shall be made for one year at the request of the defendant within the extent generally accepted in society.

B. On July 19, 2016, the Plaintiff entered into a contract with the Defendant for the supply of mushroom farming and use cooperation facilities (hereinafter “instant facilities”) to KRW 72.8 million (excluding value-added tax) (hereinafter “instant contract”). In relation to the price of goods, the Plaintiff agreed to receive 20% of the down payment at the time of entering into the contract from the Defendant, 30% of the intermediate payment before the shipment of the instant facilities, and 50% of the completion of the installation of the instant facilities, respectively.

The main contents of the instant contract are as follows.

C. On September 16, 2016, the Plaintiff established the instant facility, and completed the trial run around September 20, 2016.

The Defendant paid the Plaintiff KRW 3,634,00,000,000 to the Plaintiff, as the instant facility cost, KRW 1,4566,00 on July 20, 2016, KRW 1,455 million on August 20, 2016, KRW 3,6340,000 on September 21, 2016.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 6, 9, Eul evidence Nos. 1, 2, 3, and 7 (including paper numbers), the purport of the whole pleadings

2. Determination as to the claim on the principal lawsuit

A. According to the above basic facts of the Defendant’s obligation to pay the value-added tax, the Plaintiff and the Defendant imposed the value-added tax on the Defendant, and the unpaid goods price for the instant facilities remain in KRW 4,374,00 including value-added tax, and the instant contract.

arrow