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(영문) 수원지방법원 안양지원 2018.05.10 2017가단117563
물품대금
Text

1. The Defendant shall pay to the Plaintiff KRW 88,00,000 and the interest rate of KRW 15% per annum from July 26, 2017 to the day of full payment.

Reasons

1. Facts of recognition;

A. On November 17, 2015, the Defendant entered into a contract for supply of C 1 to KRW 155,391,300 by participating in a competitive bid for Class B 4 purchase contract ordered by Seoul Special Metropolitan City.

(hereinafter “instant contract”).

B. On December 22, 2015, the Defendant transferred to the Plaintiff the claim against Seoul Special Metropolitan City under the instant contract as a collateral for the price of goods, and the Plaintiff entered into a contract for the transfer of the claim with the effect that if the Plaintiff deposits KRW 155,391,300 from Seoul Special Metropolitan City for the purchase price of goods, the Plaintiff shall pay KRW 130,120,000 (including value-added tax) and KRW 15,571,300 (including value-added tax) on the part of the Plaintiff, the remainder of KRW 9,70,00,000 (hereinafter “instant contract for the transfer of the claim”), and the Seoul Special Metropolitan City approved the instant contract for the transfer of the claim.

24,320,00 won after the third delivery of 27,50,000 won after customs clearance of the second goods as of the date of approval for the first official document of 88,00,000 won as of the date of application for the funds

C. On January 15, 2016, the Defendant filed an application with the Plaintiff for the financing of the following contents in accordance with the instant assignment contract, and the Plaintiff transferred KRW 88,00,000 to the Defendant on January 20, 2016.

On January 12, 2016, the Defendant entered into a purchase agreement with Nonparty D (mutual name: E) on the purchase price of KRW 129,152,170 (including value-added tax) for Class B 4 to be supplied to Seoul Special Metropolitan City according to the instant contract.

E. On September 22, 2016, Seoul Special Metropolitan City sent an official document to the Plaintiff and the Defendant on the grounds that they failed to complete the delivery by the delivery deadline due to the reasons attributable to the contractual parties.

[Ground of recognition] Unsatisfy, Gap evidence 1 to 5, Eul evidence 1 to 5, the purport of the whole pleadings

2. Determination

A. According to the judgment on the cause of the claim, and the facts of the above recognition, the defendant shall pay the goods from the plaintiff according to the assignment contract of this case.

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