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(영문) 대구지방법원포항지원 2016.01.19 2015가단616
물품대금
Text

1. The Plaintiff (Counterclaim Defendant) paid KRW 10,000,000 to the Defendant (Counterclaim Plaintiff) and its related amount from August 26, 2015 to September 30, 2015.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. On July 2013, the Plaintiff entered into a contract for D’s “D” removal works in the Nam-gu, Nam-gu, Seoul and Seogjin Development Co., Ltd. through B.

B. The defendant from August 17, 2013 to the same year

9. By September 9, 200, scrap metal, ice lease, etc. generated at the site of the removal project were collected.

C. The Defendant paid KRW 52,254,500 in total to the Plaintiff with the price for scrap metal and stegrative lease collected by himself, and paid KRW 15,200,000 to B.

On the other hand, on August 20, 2013, the Defendant paid KRW 10 million to the Plaintiff as the contract bond.

[Reasons for Recognition] Facts without a partial dispute, Eul evidence Nos. 4 through 8, and 11 (including the branch numbers in the case of additional statements), the witness B's testimony, and the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion 1 by the Plaintiff is the same year as from August 17, 2013 to the Defendant.

9. Until September 9, 198, the Defendant supplied scrap metal equivalent to KRW 91,304,50 (excluding value added tax) and Switzerland lease. The Defendant is obligated to pay only KRW 62,200,000, including the advance payment of KRW 10 million, and the remainder of KRW 29,104,50,50 and KRW 7,225,450, and the remainder of KRW 36,329,950, and delay damages therefrom to the Plaintiff.

2) The Defendant asserted that the Defendant entered into a contract with the Plaintiff on the supply of scrap metal and ice, which occurred at the site of removal works, through B in the same business relationship with the Plaintiff, only collected scrap metal equivalent to KRW 66,46,400 (including value added tax) at the above site, and did not collect more than that, and paid all the above payments to the Plaintiff and B. Since the contract was revoked by the Plaintiff on September 10, 2013, the Plaintiff was obligated to return the contract deposit of KRW 10 million to the Defendant. (2) As the contract was revoked by the Plaintiff on September 10, 2013, the Plaintiff was obligated to return the price of the scrap metal collected by the Defendant, the value of the scrap metal collected by the Defendant, and KRW 91,304,500, added tax amount to KRW 500.

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