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(영문) 수원지방법원 2018.06.21 2017나75545
물품대금
Text

1. Of the judgment of the first instance court against Defendant B, the part against Defendant B in excess of the following order of payment.

Reasons

1. The basic facts of the claim: (1) The Plaintiff is a creative production and sales business entity; (2) the Defendant C gave a contract for the construction of one unit of five-story multi-household housing in Suwon-si, Suwon-si (hereinafter “instant construction”); (3) around December 15, 2014, the Plaintiff met the Plaintiff, and around 7,008,300 won (excluding glass and construction cost separate; value-added tax) necessary for the instant construction project (excluding glass and construction cost separate); (4) the Plaintiff entered the contract into with the Plaintiff at the request of the Defendant B on December 15, 2014; and (5) the Plaintiff paid KRW 300,000 into a new construction project with the Plaintiff’s account at KRW 5,00,000,000 (hereinafter “instant construction project”); and (7) the Plaintiff’s additional document No. 201,000,000 won was supplied with the Plaintiff’s account at the request of the Plaintiff on December 15, 2014, 2015.

2. Judgment on the plaintiff's claim

A. (1) According to the above facts of recognition, the plaintiff was requested to produce a window equivalent to the amount of KRW 9,471,330 in total from the defendant Eul (value 7,008,300, value 700,000 won in the first order) and supplied it to the defendant Eul. Since the defendant Eul paid KRW 6 million through the defendant Eul, the defendant Eul is obligated to pay the remaining amount of KRW 3,471,330 (value 9,471,330, KRW 300, KRW 6 million) to the plaintiff.

(2) As to this, the Plaintiff asserts that the unpaid amount reaches KRW 38,931,00. On the other hand, Defendant B is merely one million, and there is a defect in the windows supplied by the Plaintiff.

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