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(영문) 대구지방법원 김천지원 2018.02.23 2017가합202
물품대금 등
Text

1. The Defendant’s KRW 154,543,200 among the Plaintiff and KRW 145,543,200 among the Plaintiff, shall be KRW 9,00,000 from November 1, 2016.

Reasons

1. Determination as to the cause of claim

A. 1) The Plaintiff is a company aimed at the land aggregate extraction business, aggregate sorting business, etc., and C Co., Ltd (the trade name was changed to the Defendant on August 4, 2017; hereinafter “Defendant”) is a company aimed at collecting and selling aggregate.

B) On or around June 2016, the Plaintiff and the Defendant provided sand screening services to the Plaintiff and received KRW 4,000 per 1 cubic metres from the Plaintiff (hereinafter “instant service contract”).

A) The sales contract that the Defendant purchased sand produced from the above services from the Plaintiff and to pay the Plaintiff KRW 16,000 per 1 cubic meter of sand to the Plaintiff (hereinafter “instant sales contract”).

(C) The Defendant, upon providing sand screening services in accordance with the instant service agreement, purchased sand collected and then purchased 40,092,80 won (=2278 cubic meters x 16,000 cubic meters x 16,000 cubic meters x 1. hereinafter the same shall apply) from the Plaintiff on August 5, 2016.

[) From 10,023,20 won for services (i.e., 2278 cubic meters x 4,000 won x 1.1) the remainder of 30,069,600 won (i.e., 40,092,800 won - 10,023,200). The Plaintiff and the Defendant paid 16,000 won for sand in August 2016 x 16,000 won for 16,000 x 13,000 won for 16,000 x 16,000 won for each 205 x 96,00 won for sand in 205 x 96,000 won for x 205 x 96,005 x 5,000 won for x 397,005 x x 96,005 x x 965 x x x 165,05 x x x x 7465

recognized.

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