(영문) 수원지방법원 2016.09.22 2015나38993

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 수원지방법원 2016.09.22 2015나38993

물품잔대금

Text

1. The defendant-Counterclaim plaintiff's appeal and the defendant-Counterclaim claim filed in the trial are dismissed, respectively.

2...

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Plaintiff is a company that sells ready-mixeds and cement processed products, and the Defendant is a person who engages in civil engineering work with the trade name “B”.

B. The Plaintiff supplied ready-mixeds at the construction site where the Defendant demanded from June 2013 to October 2013.

[Ground of recognition] The fact that there is no dispute, Gap's evidence No. 1, and the purport of whole pleading

2. Determination on the main claim

A. The Plaintiff’s assertion 1) The Plaintiff supplied ready-mixed equivalent to KRW 41,765,680 to the Defendant, but the Defendant paid the Plaintiff the amount of KRW 40,963,120 as the price of the goods. As such, the Defendant is obligated to pay the Plaintiff the amount of KRW 802,560 as the price of the goods payable to the Plaintiff, and the damages for delay thereof. (2) The Defendant’s assertion that the Defendant agreed with the Defendant on KRW 60,000 as the price of the goods originally paid to the Defendant, despite having agreed on the amount of KRW 60,560 as the price of the goods originally paid to the Defendant, and the Defendant claims for the amount of the goods at his discretion exceeding the price. The details of the supply asserted by the Plaintiff should be excluded from the supply details, as it is irrelevant to the Defendant.

B. Comprehensively taking account of the overall purport of each description and pleading of Gap evidence Nos. 1 through 9, 11 (including various numbers), the plaintiff supplied ready-mixeds equivalent to KRW 1,68,480 at the construction site of the private school on June 5, 2013; KRW 2,059,200 at the construction site of the hydrogen on July 6, 2013; KRW 24,946,240 at the construction site of the third day on September 9, 2013; KRW 1,203,840 at the construction site of the private school on October 5, 2013; KRW 1,203,640 at the supply of the goods to the defendant at the construction site of the private school on July 5, 2013; KRW 1,65 at the supply site of KRW 30,00,000 at the supply of the goods to the defendant at the construction site of 1,203,6401.6

유사 판례

-대전지방법원 논산지원 2018.03.08 2017가단2451

-울산지방법원 2020.10.15 2019나14530

-울산지방법원 2014.07.17 2013가합8805

-광주지방법원 2015.03.27 2014가합5595

-서울서부지방법원 2016.10.06 2015나6153