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(영문) 부산지방법원 2020.09.25 2019나5892
물품대금
Text

Of the judgment of the first instance, the part against the defendant in excess of the amount ordered to be paid below shall be revoked and revoked.

Reasons

Basic Facts

A. The Plaintiff is a person who runs the manufacturing business of fire doors in the trade name of “C”, and the Defendant is a company that runs the construction and manufacturing business.

B. Around 2016, the Plaintiff entered into a supply contract of the Defendant and D elementary school doors (hereinafter “D primary supply contract”). The total supply price is KRW 28,597,470 as follows. The Defendant paid KRW 15,931,168 to the Plaintiff. The Plaintiff and the Defendant agreed to deduct KRW 1,662,760 ( KRW 1,240,800) from the total supply price as follows.

C. The Defendant has the following outstanding amounts (hereinafter “outstanding amount at the construction site”) and the sum of the outstanding amounts is KRW 5,327,630.

F G E [Ground for recognition] Unsatisfy, entry in Gap evidence 1 through 6 (including various numbers for each number), the purport of the whole pleadings

2. According to the above facts finding as to the cause of the claim, barring any other special circumstances, the defendant sought 1,003,542 won for the supply price unpaid to D Elementary Schools (28,597,470 won for total supply price - 15,931,938 won for total supply price - agreed deduction 1,662,760 won - 1,627,630 won for the remainder of construction site and 16,31,3172 won for the plaintiff's claim as 16,431,172 won for the plaintiff's claim, but in light of the contents arranged in the preparatory brief dated September 4, 202, it appears that the calculation error is an error.

There is an obligation to pay damages for delay.

3. Judgment on the defendant's assertion

A. The Plaintiff and the Defendant agreed to reduce the unpaid price of KRW 11,03,542 to KRW 8,60,000,000. ② The final price for supply was reduced to KRW 904,750 again in this amount, and KRW 7,695,250 for the final price for supply. ③ The Defendant requested the Plaintiff to manufacture the door door on the D Elementary School to be installed on the Plaintiff as one of them was produced by the Plaintiff, and the additional cost was KRW 7,61,00 for the Plaintiff to incur KRW 7,61,00, and the remaining construction cost was seven.

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