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(영문) 수원지방법원성남지원 2017.05.16 2016가합200152
물품대금
Text

1. The defendant shall be 164,234,457 won to the plaintiff corporation, and 121,380,137 won to the plaintiff corporation Eul and each of the above amounts.

Reasons

1. Basic facts

A. The Plaintiff Company A (hereinafter “Plaintiff A”) is a stock company that runs the business of manufacturing and selling electricity machinery parts and products, and the Defendant is a stock company that manufactures and sells electricity machinery parts and products. The Plaintiff Company B (hereinafter “Plaintiff B”) is a stock company that manufactures and sells electricity machinery parts and products.

B. On July 2009, Plaintiff A entered into a supply contract with the Defendant for the supply of electric power equipment, such as automatic steel scraping (hereinafter “instant supply contract”), and continued to supply it until July 2015. Plaintiff B entered into a supply contract with the Defendant on May 2012 (hereinafter “instant supply contract”) and continued to supply it until October 31, 2014.

C. On October 27, 2015, Plaintiff A sent to the Defendant a peremptory notice demanding reimbursement of KRW 206,532,257 for unpaid amounts under the instant contract for the supply of electric equipment; Plaintiff B sent a peremptory notice demanding reimbursement of KRW 121,380,137 for unpaid amounts under the instant contract for the supply of electric equipment, by content-certified mail.

Since then, around November 2015, Defendant representative D and the Plaintiffs recognized that the Defendant bears the obligation to pay the unpaid amount as above to the Plaintiffs, and respectively, written an implementation agreement (Evidence A3 and 7) with the effect that the Defendant will pay all of the unpaid amount by December 31, 2015.

(hereinafter referred to as “instant implementation agreement”). E.

On January 4, 2016, the Defendant repaid the Plaintiff A the amount of KRW 42,297,80 out of the unpaid amount under the instant contract for the supply of electric equipment.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 7, E’s testimony, plaintiff B’s personal examination result, the purport of the whole pleadings

2. We examine the determination of the cause of the claim.

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