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(영문) 대전고등법원(청주) 2017.05.30 2015나350
물품대금
Text

1. The judgment of the first instance, including the Defendant (Counterclaim Plaintiff) A’s counterclaim claim expanded from the trial, is as follows.

Reasons

1. Basic facts

A. A. On May 1, 2011, the Plaintiff entered into a supply contract with Defendant A to supply reinforced soil block (e.g. Ecopi type B) to KRW 3,300 per head (excluding value-added tax) and Defendant B guaranteed the Defendant’s obligation to pay for the goods.

B. In accordance with the above supply contract, the Plaintiff supplied 22,376 reinforced soil block from May 3, 201 to June 20, 201 under the above supply contract.

(The block supplied by the Plaintiff is referred to as the “instant block”).

From May 3, 2011 to June 23, 2011, Defendant A had D (mutual name: E) install a block-type reinforced retaining wall of approximately 200 meters in length and approximately 8-15 meters in height (hereinafter “instant retaining wall”) at the site of the instant new factory construction project using the block at the site of the instant new construction project.

"First construction" is distinguished from the following reconstructions:

(D) However, from June 24, 201 to October 11, 201, Defendant A removed the above retaining wall from around the end of August 2011, which caused rupture, etc. to the block of the retaining wall of this case. It was observed that there was rupture on 2,034 out of the block exposed to the outside during that process, and that there was rupture on 2,307 out of the block laid underground. E. In the process of reconstruction of the retaining wall of this case, the Plaintiff supplied 9,120 additional tax invoices from September 1, 201 to October 11, 201, and the Plaintiff did not receive the Plaintiff’s tax invoices from Defendant A to KRW 32,84,240,240,90,90,000,000 and the Plaintiff did not receive the Plaintiff’s total tax invoices from Defendant A to KRW 30,040,90,01.

3,23 to 3.0

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