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(영문) 수원지방법원 2015.07.24 2015나9568
물품대금
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. Facts of recognition;

A. The Plaintiff is a company that runs the wholesale and retail business, the construction materials and steel products wholesale and retail business, etc. The Defendant B Co., Ltd. (hereinafter “Defendant B”) is a company that runs the construction business, etc., and the Defendant A is the representative director of Defendant B.

B. The Plaintiff entered into a contract with D who runs the construction business, etc. under the trade name of “C,” under which the Plaintiff would supply steel bars to the housing construction site located in Gyeyang-gun E, Gyeonggi-do (hereinafter “instant goods supply contract”).

C. Since then, on January 13, 2014, the Plaintiff supplied each of the steel bars equivalent to KRW 20,735,00 (including value-added tax; hereinafter the same shall apply), KRW 11,671,00 on February 15, 2014, KRW 3,000 on March 13, 2014, and KRW 3,212,00 on order (hereinafter “the instant tea supply”).

The Plaintiff received respectively KRW 7 million from D on February 1, 2014, KRW 8 million on the 14th of the same month, KRW 5,735,00 on the 18th of the same month, and KRW 3,212,00 on March 26, 2014.

The amount of the personal agreement: (a) one ton B/D: 710,000 won standard (tax rate) for IMMethyl supply invoice (tax rate: (b) 1 ton B/D: 680,000 (tax rate per place of domestic origin): (payment date: cash payment within one month after shipping the steel quantity on the side of IMS) the debtor himself assumes that the debtor himself/herself complies with the following provisions in relation to the amount payable out of the costs incurred in relation to the steel supply price for MMMethyl (Methyl invoice standard) for the steel supply invoice (tax rate):

1. The amount (Standards for IMS issued and invoice) shall be paid without fail by the payment date;

-A, a pledge, B

E. On the other hand, on January 10, 2014, the Defendants prepared and delivered a “individual agreement” (hereinafter “instant agreement”) with the Plaintiff as follows.

F. Since then, on February 6, 2014, F, the husband of D, prepared a “individual agreement” with the same content as the instant agreement and delivered it to the Plaintiff.

[Ground of recognition] A.

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