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(영문) 수원지방법원성남지원 2015.03.19 2013가합2418
물품대금
Text

1. The Plaintiff:

A. Defendant A Co., Ltd.: (a) KRW 247,200,000; and (b) from March 14, 2013 to March 19, 2015.

Reasons

1. Basic facts

A. The Plaintiff is a company engaged in the manufacturing, wholesale and retail business, etc. of drys. The Defendant A Co., Ltd. (hereinafter “Defendant A”) is a company engaged in steel products wholesale and retail business, etc., and Defendant M&S Co., Ltd. (hereinafter “Defendant M&S”) is a company engaged in the manufacturing, etc. of steel structures.

B. On May 3, 2012, Defendant M&S entered into a contract with D, which is a trade name called H-Bam processing Y Line (hereinafter “instant machinery”) with construction cost of KRW 1,103,30,000 (including value-added tax), and D completed the said production installation work around August 31, 2012.

C. On May 7, 2012, Defendant A entered into a contract to sell the instant machinery and other three kinds of machinery to KRW 954,600,000 (value added tax). Defendant A supplied the said machinery to D.

On May 30, 2012, the Plaintiff entered into a supply contract with Defendant A to supply the instant machinery to KRW 240,000,000 (including value-added tax) (hereinafter “instant contract”). On June 30, 2012, the Plaintiff entered into a modified contract with the Plaintiff (hereinafter “instant modified contract”) to change the price of the goods to KRW 277,200,000, and the Plaintiff supplied the instant machinery to Defendant A.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 6, 7, 10, Eul evidence Nos. 1 and 2 (including branch numbers; hereinafter the same shall apply), Eul evidence Nos. 2 and 3, and the purport of the whole pleadings

2. The plaintiff's assertion

A. Defendant A is obligated to pay KRW 274,920,00 for the goods unpaid to the Plaintiff under the instant contract and the instant modified contract (i.e., value-added tax of KRW 277,200,000 for the goods and KRW 27,720,000 for the goods and KRW 30,000 for the goods and interest thereon) and damages for delay.

B. Defendant B had the Plaintiff enter into the instant contract by deceiving the Plaintiff, thereby resulting from tort.

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