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Reasons
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(영문) 인천지방법원부천지원 2015.01.09 2014가합8195
물품대금
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1. The defendant shall pay 126,560,000 won to the plaintiff and 20% per annum from October 2, 2014 to the day of complete payment.

Reasons

1. Facts of recognition;

A. On January 4, 2013, the Plaintiff and the Defendant entered into a contract with the Defendant on the content that the Plaintiff shall manufacture and supply the electronic cooling machine 2 feet (KRK-W-400 (20-W-400 (SET), KR-W400 (20-BL20-BL20) to the Defendant, and that the Defendant shall pay 88.5 million won to the Plaintiff (excluding value-added tax).

Accordingly, the Plaintiff manufactured and supplied the electronic cooling machine 2 sets to the Defendant, and the Defendant paid KRW 88.5 million to the Plaintiff.

B. On April 22, 2013, the Plaintiff and the Defendant concluded a contract with the Plaintiff on the contract price of KRW 66,100,000 (excluding value-added tax) for the schooling and pipinging construction work.

As a result, the plaintiff completed the above schooling and pipinging construction.

C. On January 2, 2014, the Plaintiff and the Defendant concluded a contract with the Plaintiff on the part of the Defendant on the contract price of the installation work (including pipeline work) at KRW 62,70,000 (including value-added tax) of the electronic cooling 1 set (K-A-600 (30) of the electronic cooling 20,000 (including pipeline work).

Accordingly, the Plaintiff completed the installation work of the 1 set of electric cooling machine and received KRW 17.7 million from the Defendant.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 5 (including branch numbers), and the purport of the whole pleadings

2. According to the above facts of recognition, the Defendant is obligated to pay to the Plaintiff KRW 12,656,00 [A] Value A 8,50,000 won (= KRW 88,500,000 x 10%). The construction cost of KRW 7,2710,00 (= KRW 6,610,000 x 1.1) (c) the balance of the construction cost of KRW 45 million (=62,70,000 - KRW 17,000)] and damages for delay calculated at the rate of 20% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from October 2, 2014 to the date of full payment) as sought by the Plaintiff.

3. Conclusion, we decide to accept the Plaintiff’s claim.

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