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(영문) 의정부지방법원 2017.10.12 2016가단35680
물품대금
Text

1. Defendant (Counterclaim Plaintiff) Company B, Defendant C, and D are jointly and severally liable to the Plaintiff (Counterclaim Defendant) for KRW 169,201,340.

Reasons

Unless there are special circumstances, Defendant B is liable to pay to the Plaintiff the amount of KRW 169,201,340 (hereinafter “instant price for supply”) and the amount of delay damages therefrom, as there is no dispute between the parties that the Plaintiff supplied 169,201,340 won to Defendant B Co., Ltd. from January 12, 2015 to May 31, 2015.

Defendant B’s defense and its determination against Defendant B Co., Ltd. asserted that the due date has not yet arrived. Thus, the Plaintiff entered into a supply contract with Defendant B on January 2015 (hereinafter “instant supply contract”) under which “the cash settlement from the underground first floor slves to the end of the following month” was under the terms of payment (hereinafter “the instant payment deferment agreement”), and the present underground floor slves theory was not completed, barring any dispute between the parties, it is reasonable to view that the due date has not yet arrived. As to the Plaintiff’s re-claim and its determination on this issue, the obligation of the instant supply price has not yet arrived. As to the Plaintiff’s re-claim and its determination on this issue, the Plaintiff had already ceased to have the due date of payment exceeding KRW 150 million,500,000,000 at the time of the instant supply contract with Defendant B, 3015.5 billion, 2015.5 billion, 2015.

The number of each description in Gap, Gap 1 through 3, 6 through 10, Eul 4 and 7 is included.

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