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Reasons
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(영문) 인천지방법원 2018.09.13 2017가단35747
물품대금
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1. The Defendant shall pay to the Plaintiff KRW 111,230,000 and the interest rate of KRW 15% per annum from August 15, 2017 to the date of full payment.

Reasons

1. Grounds for claim;

A. The Plaintiff’s assertion 1) The Defendant is obligated to pay KRW 11,230,00 in total of KRW 32,230,000, and KRW 79,000 ( KRW 280,500,000- KRW 201,50,000) for the remainder of the C tin Corporation ( KRW 280,500,000). The Plaintiff’s remainder of the C tin Corporation is KRW 32,230,00,000. However, the contract price of the C tin Corporation is KRW 264,00,000, and the remainder is KRW 62,50,000 ( KRW 264,00,000-201,50,000).

B. On November 26, 2016, the Defendant entered into a contract with the Plaintiff on the amount of 76,230,000 won among the newly constructed multi-household construction works in Dongdaemun-gu Seoul Metropolitan Government, and the period from November 26, 2016 to December 31, 2016, with the contract amount of 1/1,000 for each one day delayed compensation, and paid 44,000,000 won to the Plaintiff on November 10, 2016. (2) On November 10, 2016, the Defendant entered into an agreement with the Plaintiff on the amount of 205,70,000,000 won among the newly constructed multi-household construction works in Dongdaemun-gu, Seoul Metropolitan Government, and the amount of tin construction works from November 10, 2016 to December 31, 2016, changed to 10,000,000 won on the contract amount of 10/106,2010.

The defendant paid KRW 201,500,000 to the plaintiff in relation to the above construction work.

[Ground of recognition] Facts without dispute, Gap 2, 8, 15, 16 evidence, the purport of the whole pleadings

C. Determination 1) Since the Defendant’s seal is affixed to the contract that alters the contract price of C tin from KRW 264,00,000 to KRW 280,50,000, the contract shall be deemed to have changed to KRW 280,500,000, the Defendant is obligated to pay the Plaintiff damages for delay at the rate of KRW 111,230,000 (i.e., the balance of C tin Corporation 32,230,000 (=the balance of C tin Corporation 79,000,000) and damages for delay from August 15, 2017 to the date of full payment, which is the day following the delivery of a copy of the complaint in this case.

2. As to the defendant's argument

A. The plaintiff 1 asserted B stone Corporation.

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