(영문) 창원지방법원 2017.04.27 2016가합55882

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(영문) 창원지방법원 2017.04.27 2016가합55882

물품대금

Text

1. The Defendant shall pay to the Plaintiff KRW 294,957,010 and the interest rate of KRW 15% per annum from December 10, 2016 to the date of full payment.

Reasons

1. Facts of recognition;

A. The Plaintiff is a legal entity that runs the business of cutting metal, cutting grain, and manufacturing industrial machinery, and the Defendant is a personal business entity that manufactures industrial filters, such as divers equipment.

B. On September 23, 2014, the Plaintiff entered into a contract with the Defendant for the production of 2 equipment of the 650CM specifications in the price of KRW 140,000,00 (value-added tax separate) and the delivery of them to the Defendant in accordance with the schedule for the installation of production equipment, such as entering into a contract for “the production of the divers” with the Defendant to deliver them to the Defendant in accordance with the schedule for the installation of production equipment, and supplied the divers production and cutting processing contract, etc. on a total of KRW 375,957,010 (including value-added tax) not later than October 31, 2016, as shown in the attached

C. The Defendant paid the Plaintiff KRW 81,00,000,000 in total with the payment related to the production and cutting processing contract as shown in the attached sheet.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 4, the purport of the whole pleadings

2. According to the above facts finding as to the cause of the claim, it is recognized that the Plaintiff entered into a contract with the Defendant for the production of the aggregate of KRW 375,957,010 on 12 occasions from September 23, 2014 to October 31, 2016, and completed the performance of the contract, as shown in the summary of the attached specification of transactions, and completed the contract. The Plaintiff is obligated to pay the Plaintiff the aforementioned amount of KRW 81,00,000 (11,000,000,000 offset the Plaintiff’s settlement price by the amount of KRW 11,000,000 paid on 16, June 16, 2016 against the Plaintiff’s settlement price of KRW 30,00,000,000 paid on 18,718,000,0000,000 won paid on 16,205,719,710

3. The plaintiff's claim is accepted on the grounds of the conclusion.

참조조문

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