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(영문) 창원지방법원 2019.03.21 2018가단113358
물품대금
Text

1. The Defendant’s KRW 95,347,820 and the Plaintiff’s annual rate of KRW 6% from May 1, 2018 to July 13, 2018, and the following.

Reasons

1. Facts of recognition;

A. On October 26, 2017, the Defendant subcontracted the construction of reinforced concrete (hereinafter “instant construction”) from among the construction works of building on land on two lots, the Hanwon-si, Seoul Special Metropolitan City F, and the Seoul Special Metropolitan City Land Construction Co., Ltd. (hereinafter “instant construction”).

B. From October 13, 2017 to February 28, 2018, the Plaintiff supplied ready-mixed to the Defendant.

C. The Plaintiff and the Defendant agreed to make a settlement in cash within 60 days after the end of each month.

The Defendant’s total price for ready-mixed supplied by the Plaintiff by February 18, 2018 is KRW 129,091,380.

E. The Defendant deposited the Plaintiff KRW 15,00,000,000 on November 17, 2017, and KRW 5,000,00 on May 18, 2018, respectively.

F. Meanwhile, on February 8, 2018, the LAE agreed with the Defendant to pay the Plaintiff KRW 50,000,000 to the Plaintiff directly, and on February 13, 2018, the Plaintiff paid KRW 50,000,000 to the Plaintiff.

【Ground of recognition】 The fact that there has been no dispute, Gap's 1 through 5, Eul's 1 or 3, and the purport of the whole pleadings

2. Obligation to pay the price of goods;

A. The Plaintiff’s argument 1) The Plaintiff’s argument 1) entered into a subcontract agreement with the G M&A and entered into a subcontract agreement with the Defendant on October 2017. The Plaintiff’s argument 20,000 won was 36,256,440 won. The Defendant, as a follow-up contractor of the G M&A, agreed to cover KRW 15,00,000,000, and KRW 50,000,000, KRW 21,256,440, out of KRW 00,000, KRW 20,000, KRW 20,000, KRW 10,000, KRW 50, KRW 10,000, KRW 80, KRW 10,000, KRW 250, KRW 80, KRW 50,000, KRW 208, KRW 15,208, KRW 18,508,2088.

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