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(영문) 울산지방법원 2016.06.08 2015가합23341
물품대금
Text

1. The Defendant’s KRW 327,344,508 and KRW 29,99,99 among the Plaintiff’s KRW 327,34,508, and KRW 245,819,669 are applicable to the Plaintiff.

Reasons

Description of Claim

On November 29, 2012, the Plaintiff agreed to supply the lecture pipe produced by the Plaintiff to the Defendant, and the Defendant concluded a commodity supply contract with the content that the contract shall pay the price for the goods of the lecture pipe supplied by the end of each month within the 25th day of the following month.

Pursuant to the above contract, the Plaintiff supplied the Defendant with the pipe pipes of 143,404,267 won (including value-added tax; hereinafter the same shall apply) on November 143, 2012, 245,819,669 won on December 12 of the same year, and 51,524,840 won on April 51, 2013, totaling 440,748,776 won.

The defendant paid only KRW 113,404,268 out of the above KRW 440,748,776 and did not pay the remainder KRW 327,344,508.

Therefore, with respect to KRW 29,99,99, which excludes KRW 113,404,268, which was already paid to the Plaintiff from the price of the goods supplied on November 2012, the Defendant is obligated to pay KRW 327,344,508 and KRW 51,524,840, which was paid from May 26, 2013 to the date following the due date for payment, to KRW 245,819,69, which was supplied on December 26, 2012, and KRW 245,69, which was paid on KRW 327,44,50 from the due date for payment, and KRW 51,524,840 from the due date for the goods supplied on April 26, 2013 to the date of delivery of a copy of the complaint in this case, and to the date of payment for delay from May 13, 2013 to the date of payment.

Judgment by public notice based on recognition (Article 208 (3) 3 of the Civil Procedure Act)

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