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(영문) 울산지방법원 2015.10.07 2014나6886
물품대금 등
Text

1. From August 1, 2013 to August 31, 2013, with respect to damages for delay in the judgment of the court of first instance, 5,310,750 won, among the parts concerning damages for delay in the judgment of the court of first instance.

Reasons

1. The following facts do not conflict between the parties, or can be acknowledged in full view of the purport of the entire pleadings in each of the statements in Gap evidence Nos. 1, 2-2, 4, 5-1, 2, 3, and 9.

The plaintiff is engaged in the automobile parts manufacturing business under the trade name of C, and the defendant also engages in the automobile parts manufacturing business under the trade name of D.

B. Around 2004, the Plaintiff entered into a contract with the Defendant to supply pipes to the Defendant 58 and 63, and agreed that the price would be paid on the last day of the following month after the supply of pipes.

C. According to the above contract, the Plaintiff supplied the Defendant with a pipe 140,000 and a pipe 63 pipe 4,000 on July 58, 2013, a pipe 94,400 on August 58, 2013, and a pipe 1,600 on September 58, 2013, and a pipe 93,000 and a pipeline 63,000 on September 58, 2013.

The Plaintiff received only KRW 26,752,050 from the Defendant for pipes supplied in July 2013, and was not paid at all for pipes supplied in August 2013 and September 2013.

2. The allegations by the parties and the determination thereof

A. The Plaintiff asserts that he/she has the obligation to pay to the Defendant KRW 48,049,055, total sum of the price calculated by the revised supply rate for the pipe supplied on July 8, 2013, as well as KRW 202, and KRW 63,055, as the supply rate for the pipe supplied on September 8, 2012, the Plaintiff agreed that the supply rate of pipe 58 shall be changed to KRW 202, and the supply rate of pipe 63 shall be 217.

On August 2012, the Defendant asserts that there was no agreement between the Plaintiff and the Plaintiff to change the supply unit price of the pipe of this case.

B. The reasoning of the judgment is as follows: Gap evidence 2-1, 2, 3, 5-1 to 14, 8, 9, 13-1 to 12, Eul evidence 3-1 to 26, and the purport of the whole pleadings in the testimony of the witness F.

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