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(영문) 울산지방법원 2017.06.21 2016나23939
물품대금
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

Reasons

1. The parties' assertion

A. The Plaintiff supplied the processed products upon request from the Defendant to the Defendant, and the price for the goods and materials is 25,102,950 won in total.

Of them, 15,214,805 won is deducted from the price of the remaining materials processed (hereinafter referred to as "refinites") of KRW 4,150,395, and excluding KRW 5,827,750 which the Defendant already repaid, and the Defendant did not pay KRW 15,214,805

Therefore, the defendant should pay 16,637,285 won plus 1,512,480 won of value-added tax to the plaintiff.

B. The remainder of the Defendant’s obligation, other than the amount repaid to the Plaintiff, is KRW 7,924,780. Here, after deducting KRW 4,319,646 of the remainder amount, the Plaintiff’s claim against the Defendant C Co., Ltd. (hereinafter “C”) was provisionally seized as the preserved right, and the Defendant’s claim against the remainder amount is additionally deducted from KRW 3,00,000 of the Defendant’s claim amount provisionally seized, only 605,134 of the remainder amount remains.

2. Determination

A. Determination 1 on the cause of the claim 1) The Plaintiff is a corporation established for the purpose of rash cutting and sculing, etc., and the Defendant is engaged in mechanical facility manufacturing work with the trade name of “D.”

B) On August 2015, the Plaintiff entered into a contract with the Defendant to process steel plates and deliver products to the Defendant (hereinafter “instant contract”).

(C) The Plaintiff: (a) supplied 50 iron plates equivalent to 30,789km from the Defendant and processed them; (b) supplied 22,680km to the Defendant; (c) supplied 22,680 kilograms to the Defendant; and (d) further processed 41 iron plates equivalent to 34,330km from the Defendant; and (b) supplied 20,003 kilograms to the Defendant; and (c) supplied 14,327km productions equivalent to 14,327km to the Defendant at the Defendant’s request. In addition, the Plaintiff used 18 iron plates equivalent to 1,77km owned by the Plaintiff at the Defendant’s request.

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