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(영문) 서울중앙지방법원 2019.04.24 2017가단5179894
물품대금
Text

1. The Defendant’s KRW 43,949,510 for the Plaintiff and the following: 6% per annum from September 26, 2017 to April 24, 2019.

Reasons

1. Basic facts

A. The Plaintiff is a company that manufactures stone products, constructs stone, etc., and the Defendant is a company that manufactures stone, engages in stone construction business, etc.

B. Around June 2016, the Defendant requested the Plaintiff to make an estimate of the number of seats in two specifications to be used for tinworkss among D (ju) factories, which are subcontracted and constructed by a subcontract from the Dispute Settlement Bank Co., Ltd. (hereinafter “instant construction”). The Plaintiff presented to the Defendant a price of KRW 56,00 per square meter in the color of Macarbea and KRW 52,000 per square meter in the name of Macarclim color (excluding each value-added tax).

C. From July 2016, the Defendant exchanged and exchanged samples with the Plaintiff, agreed on the color, material quality, etc. of artificial stone to be supplied. Around August 2016, the Defendant confirmed the products to be supplied at the construction site of this case and requested the Plaintiff to make an estimate by specifying the type, size, and quantity of stone.

Accordingly, on August 31, 2016, the Plaintiff is entitled to a written estimate on August 31, 2016, stating that the amount shall be KRW 81,188,030 to the Defendant (hereinafter referred to as “written estimate on August 31, 2016”).

(4) On November 17, 2016, the Plaintiff submitted a written estimate of KRW 4,559,100 to the Defendant regarding a seal manufacturing agent supplied in accordance with the Defendant’s additional order or semi-finished product processing order, and submitted a written estimate of KRW 2,957,620 to the Defendant on December 1, 2016, and a written estimate of KRW 1,244,760 to the said price on May 11, 2017. D. The Plaintiff supplied all of the materials, size, and quantity ordered by the Defendant to the Plaintiff by November 23, 2016, and the Defendant paid KRW 4,59,100 to the Plaintiff as the price for goods, including a written estimate of KRW 2,97,620, and a written estimate of KRW 1,244,000,000 to the Plaintiff, and there was no ground for dispute over the payment of KRW 61,20,000 [No evidence No. 164, respectively].

each entry, the purport of the whole pleading

2. The parties' assertion

A. The Plaintiff supplied all stones equivalent to KRW 89,949,510 according to the Defendant’s order, and the Defendant.

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