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(영문) 인천지방법원부천지원 2016.11.17 2016가단4169
물품대금등
Text

1. The Defendant’s KRW 77,812,138 as well as the Plaintiff’s annual rate of 6% from September 1, 2013 to November 17, 2016.

Reasons

1. Basic facts

A. The plaintiff is a company with the purpose of steel wholesale retail and rental business, and the defendant is a company with the purpose of dismantling non-ste structure.

B. From July 30, 2011 to January 24, 2013, the Plaintiff sold or leased steel materials, etc. to the Defendant.

The amount of payment on the date (the original amount) January 16, 2012, 15,037,000 on January 16, 2012, 7, 12,000, 12,443,000 May 7, 2012, 16, 16, 12,713,600 on September 12, 200, 200 on July 17, 2013, 100, 78,713,600 on the aggregate of 16,50,000,000 on August 31, 200;

C. The Defendant paid 78,713,600 won to the Plaintiff as follows in total with the steel product price and rent for the steel product.

[Ground of recognition] Unsatisfy, each entry of Gap evidence 2 to 4 (including a provisional number), and the purport of the whole pleadings

2. Determination on the cause of the claim

A. The Plaintiff’s assertion 1) The Defendant’s payment to the Plaintiff based on the transaction between the Plaintiff and the Defendant is KRW 43,218,22, and KRW 113,307,850, and KRW 156,526,07,072. However, the Defendant is obligated to pay KRW 78,713,60, out of the above payment, until August 31, 2013. As such, the Defendant is obligated to pay KRW 77,812,472.

B. Comprehensively taking account of the overall purport of the arguments in the evidence No. 2-1 to No. 2-3, No. 3, and No. 5 to 7, the Defendant’s rent to be paid to the Plaintiff is 43,217,88 won, and the product price is 113,307,850 won calculated as follows.

According to the product size size and capacity (k) 10.40 S-PLE 40 x 150,57,82 400 x 400 x 150 6,776 10,904, 400 H/B 300 x 300 21,949 650 666,850 300 300 6306,472 600 604,483,200 2,0630,472 60 604,472 600 604,472 600 60 604,60 750 1,068 750,51,00 1,007 x 600,604 30-4,205 200

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