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(영문) 창원지방법원통영지원 2014.08.14 2014가단580
물품대금
Text

1. The defendant shall be calculated with 86,400,000 won and 20% per annum from January 24, 2014 to the day of complete payment.

Reasons

1. Facts of recognition;

A. The Plaintiff received an order from the Defendant via the business manager C to supply a 250 foot anchor around December 2012, and supplied the Defendant with a total of 56 anchors from December 8, 2012 to April 12, 2013.

[Defendant asserts to the effect that he is not the counter-party to the transaction because he is supplied with anchors from C, not with anchors from the plaintiff. However, in light of the fact that the above C prepares a confirmation document that the plaintiff supplied anchors to the defendant (Evidence A6), as seen below, the defendant prepares a written agreement on the plaintiff's side and the payment of the price, it is recognized that the defendant is the counter-party to the transaction.

The anchor price of the plaintiff supplied to the defendant is 1.8 million won for the total amount of 1.8 million won for the anchor price, and 3.6 million won for two anchors around March 18, 2013 and the balance remains 97.2 million won for the anchor.

C. On August 26, 2013, the Plaintiff prepared a written agreement on the payment of the price with the Defendant (Evidence A3) through D, an employee of the Plaintiff, as an employee of the Plaintiff.

The content was that the Defendant paid to the Plaintiff KRW 86,40,000,000 after deducting KRW 10,88 million (20,000 per anchor x 54,000,000,000 for each anchor x not yet paid) as the price for repair of defects at KRW 97,200,000,000,000 until September 10, 2013, KRW 14,440,00 until September 27, 2013, KRW 288,00 until October 30, 2013, and KRW 28,80,00 until November 30, 2013.

However, until November 30, 2013, the above KRW 86.4 million was not paid.

[Ground] Facts without dispute, Gap 1-6 evidence (including additional number), witness D's testimony, the purport of the whole pleadings

2. The assertion and judgment

A. According to the above facts of recognition, the Defendant, upon consultation on August 26, 2013, filed a lawsuit with the Plaintiff regarding KRW 86,400,00 and the following day of delivery of the complaint, to the day of complete payment, etc.

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