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Reasons
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(영문) 부산지방법원 2020.07.09 2018가단335779
물품대금
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1. The Defendant’s KRW 1,500,000 as well as 6% per annum from November 27, 2018 to July 9, 2020 to the Plaintiff.

Reasons

1. The plaintiff's assertion

A. Upon receiving a request from the Defendant for the supply and installation of fishing equipment, the Plaintiff installed the vessel “C” on May 10, 2015, with a vessel of KRW 16,000,000, KRW 6,000,000 on May 27, 2015, and KRW 7,000,000 on the vessel of “D” and KRW 7,000,000 on June 7, 2015, the Plaintiff supplied the vessel of KRW 29,000,000 on the vessel of “E”, but the Defendant did not pay the remainder of KRW 24,00,000 to the Plaintiff on September 26, 2015.

B. Around May 10, 2017, the Plaintiff was entrusted by the Defendant with the supply and installation of two cranes, and the Plaintiff supplied the Plaintiff with a total of KRW 60,000,000,000 in each of the ships “F” on June 27, 2017 and July 12, 2017. However, the Defendant paid KRW 40,000 to the Plaintiff the remainder of KRW 20,000,000 among them.

In addition, on November 20, 2017, the Plaintiff supplied the Defendant with 4,500,000 won, but did not receive the price until now.

C. The Plaintiff lent KRW 40,00,000 to the Defendant, KRW 20,00,000 on February 3, 2014, KRW 10,000 on March 12, 2014, KRW 10,000 on September 23, 2014, and KRW 40,000 on September 23, 2014, but has not been repaid until now.

Therefore, the Defendant is obligated to pay the Plaintiff KRW 24,50,000 for the supply price of equipment in 2015, and KRW 24,50,000 for the supply price of goods such as Crain in 2017 (i.e., KRW 20,000,000 for 4,50,000 for loans), and KRW 88,500,000 for loans and delay damages.

2. Determination

A. As to the determination of the claim for the supply of equipment in 2015, the Plaintiff’s provision of fishing equipment to the vessel “C” on May 10, 2015, with the Plaintiff’s request for the supply and installation of fishing equipment at the Defendant, of KRW 16,00,000, and KRW 6,000,000 on the vessel “D” on May 27, 2015, and KRW 7,000,000, and KRW 7,000,000 on June 7, 2015, the evidence submitted by the Plaintiff alone is insufficient to acknowledge the Plaintiff’s provision of fishing equipment at the vessel “E.”

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