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(영문) 수원지방법원 2017.04.05 2016가단43175
물품대금
Text

1. The Defendant shall pay to the Plaintiff KRW 47,01,274 and the interest rate of KRW 15% per annum from September 23, 2016 to the date of complete payment.

Reasons

1. Evidence Nos. 1, 2, and 3, and the purport of the whole pleadings

A. Upon receiving a request from the Defendant to supply ventilation-related appliances, such as ducts, the Plaintiff supplied products related to ventilation, such as ducts from October 26, 2009 to April 22, 2015 as indicated in the attached specification of transactions, and during that period, the price for the goods is KRW 400,586,708.

B. The Plaintiff’s remainder of the goods amounting to KRW 353,585,434 is KRW 47,00,274.

C. Upon receipt of an order from the Defendant, the Plaintiff manufactured and supplied materials at the construction site as designated by the Defendant, and claimed for the amount of goods supplied at the end of each month to the Defendant. The Defendant paid in cash or in bills at the time, depending on the Defendant’s contribution to the monthly amount of goods claimed by the Plaintiff, several million won each time in cash or in notes, and the Plaintiff first appropriated the payment for the goods that became due and payable.

2. The allegations by the parties and the judgment of this court

A. The Plaintiff’s assertion 1) The Plaintiff first appropriated the payment obligation of the goods that became due and due.

B) The defendant's assertion that the defendant had interest in the dispute resolution committee on September 11, 2009 (hereinafter "interest development") is the defendant's interest in development.

(2) The Plaintiff supplied material at the place of the interesting development upon the Plaintiff’s order by concluding a contract for material supply and construction, and the Defendant supplied material at the place of the interesting development. Promissory Notes in the face value of KRW 26 million issued by interesting development (hereinafter “instant KRW 26 million”).

) Promissory Notes with face value of KRW 21 million (hereinafter referred to as “instant Promissory Notes”) and KRW 21 million

(2) On November 10, 201 and March 11, 2011, the Plaintiff granted and appropriated the payment for the goods supplied by the Plaintiff for interest and development. The goods supplied by the Plaintiff for interest and development were extinguished by the delivery of each of the instant notes. (2) The judgment of the court was rendered by the Plaintiff, and the goods supplied by the Plaintiff for interest and development were extinguished by the delivery of each of the instant notes.

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