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(영문) 수원지방법원 안산지원 2018.08.07 2017가단15584
물품대금
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 14,458,602 to the Plaintiff (Counterclaim Defendant) and its amount from February 1, 2017 to the date of full payment.

Reasons

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. Facts of recognition;

A. A (hereinafter referred to as “A”) contracted the development and production of gold-type Macing (hereinafter referred to as “the instant Mcing”) to the Defendant, which may create a 43-person tamping (hereinafter referred to as “A”).

(hereinafter referred to as the “instant contract”) B.

The Defendant subcontracted to the Plaintiff the development and production of the instant marinaing to KRW 30,983,010 (including value-added tax; hereinafter the same shall apply).

(hereinafter referred to as the “instant subcontract”). C.

On or before December 30, 2015, the Plaintiff completed the production of the instant Matling, and manufactured 43 Matling 10 for testing and supplied them to the Defendant.

The defendant shows this to A and obtained the approval of the Escaming of this case.

The Defendant paid to the Plaintiff KRW 16,524,408 in total, including KRW 13,524,408 on June 20, 2016 and KRW 3 million on August 31, 2016, as part of the instant subcontract price.

E. A discussed the contract with the Defendant for the production and supply of 43 persons tamping 300 feet using the instant tamping, and entered into a contract for the production and supply of 43 persons tamping 300 feet directly with the Plaintiff, excluding the Defendant.

F. At present, the Plaintiff currently occupied the Mashing of this case, and uses it to produce and supply A 43 persons tamping.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Gap evidence 4-1, 2-2, witness Eul's testimony and the purport of the whole pleadings

2. Determination as to the claim on the principal lawsuit

A. The Plaintiff’s assertion whether the Defendant is liable to pay the balance under the instant subcontract is the Plaintiff’s obligation to pay the remainder. The Plaintiff developed the instant Making and manufactured and supplied ten 43 persons for testing using it, thereby fulfilling all the obligations under the instant subcontract.

Therefore, the defendant raises objection to the plaintiff.

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