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(영문) 대전고등법원 2014.11.06 2013나4225
물품대금
Text

The defendant's appeal is dismissed.

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

Purport of claim and appeal

[Claim]

Reasons

1. On December 17, 2010, the Defendant entered into a contract with the Korea Rail Network Authority for the installation of communication facilities and equipment (hereinafter “instant construction”). On January 17, 2011, the Plaintiff Intervenor B Co., Ltd. (hereinafter “Plaintiff Intervenor”) entered into a contract with the Defendant for providing human resources, etc. to the instant construction (hereinafter “instant related contract”).

On April 22, 2011, the Plaintiff drafted a contract between the Defendant and the Defendant for construction work on the supply of radio video equipment on platform platforms related to the instant construction project, Nmslocks for platform radio video transmission and its installation (including value-added tax; hereinafter the same shall apply) (hereinafter referred to as “instant contract”, and the said contract written at the time was “instant contract”).

The defendant shall pay to the plaintiff KRW 400 million on April 22, 2011, and the same year.

7. On September 20, 199: (a) remitted total of KRW 620 million to KRW 620 million; and (b) the Plaintiff received KRW 400 million out of each of the above money remitted from the Defendant.

4. The Plaintiff’s Intervenor’s Intervenor’s KRW 154 million, and the amount of KRW 81 million, and KRW 220 million, to Dlimte Information and Communications Co., Ltd. (hereinafter “Dlimte”).

7. On 19.19. 19. 19. 1. 1.5 billion won in total (hereinafter “the instant money”) were re-transfered to Dlimte. 3.5 million won.

On November 16, 2011, the Plaintiff supplied the Plaintiff’s Intervenor with the above radio image equipment stated in the instant contract, and the supply price of the above radio image equipment is KRW 528 million.

The defendant asserts in the trial that the price for supply of the above radio image equipment is KRW 538 million as stated in the contract of this case, but the defendant has already led to the confession that the price for supply of the above radio image equipment is KRW 528 million on the first day for pleading in the court of first instance, which is in progress in the court of first instance, and there is no dispute as to the amount of supply, and there is a difference in evidence that such confession by the defendant is contrary to the truth and due to mistake.

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