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(영문) 수원지방법원안산지원 2016.04.28 2014가합21417
물품대금
Text

1. The Defendant’s KRW 267,147,904 as well as 6% per annum from April 1, 2014 to May 12, 2014 to the Plaintiff.

Reasons

Facts of recognition

The plaintiff is a company engaged in the wholesale, retail and manufacturing business of steel products, and the defendant is a company engaged in steel products, steel structure and reinforced concrete construction business.

The Plaintiff supplied steel materials to the Defendant from around 2010 to February 2014. The cumulative total amount of goods proceeds that the Plaintiff did not receive from the Defendant until April 1, 2014 is KRW 277,602,589.

The Construction Co., Ltd., Ltd., which supplied steel materials short of the Plaintiff’s standard (hereinafter referred to as “Trido Construction”), concluded a subcontract on July 19, 2013 with the Defendant and the construction amount of the construction amount of KRW 603,400,000, with respect to the combined feed plant construction works in the Jeju-si Geum-si, Han-si, Jeju-si, under a contract for the construction of the mixed feed plant construction works (hereinafter referred to as “the instant construction works”).

The Defendant manufactured the structure to be used for the instant construction work using materials, such as H-type lectures, C-type lectures, etc. supplied by the Plaintiff on April 24, 2013, and C-type lectures, e-path pipes, etc. ordered on August 7, 2013, and completed installation at the instant construction site from August 2013 to October 2013.

However, the average size (the following table 2) of the C-type river and the e-arching pipe supplied by the Plaintiff was lower than that ordered by the Defendant (the table 1 below), and the average thickness shortage by steel material is as listed below.

The order size (1) The average size (1) The actual size (2) the lack of average thickness (2) C 150 x 65 x 20 x 3.2T C 150 x 65 x 20 x 20 x 2.2T C 150 x 150 x 150 x 150 x 156T 50 x 150 x 150 x 150 x 150 x 506 x 50 x 150 x 150 x 47 T. 0.53 ("T" is the unit used for the measurement of thickness in the construction site as the weak, 1T = 1m) as of the time when the plaintiff supplies steel products, the price of each of the above steel products which falls short of the standards is less than 51,578,523 x 150 x 150 x 1530 x 413

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