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(영문) 서울중앙지방법원 2020.08.27 2019가합558981
물품대금
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 330,000,000 to the Plaintiff (Counterclaim Defendant) and its related amount from September 6, 2019 to August 27, 2020.

Reasons

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

1. Basic facts

A. The status of the parties is that the Plaintiff engaged in the metal manufacturing business, and the Defendant engaged in the manufacturing of machinery for each business purpose.

B. On August 1, 2018, the Plaintiff and the Defendant installed in the “CMexico factory” (a structure with a space to perform a specific work in the factory; hereinafter “instant section”).

) The contract for the manufacture and supply of the Plaintiff (hereinafter “instant contract for manufacture”) and the document stating the said contract for manufacture is “the instant contract for manufacture.”

1,375,000,000 won (including value-added tax; hereinafter the same shall apply) for production;

(2) As to the estimate attached to the above manufacture contract, the Plaintiff entered a total of 51.02 tons of the steel materials of the secondary production (mms 137 tons of the SDR 0.42 tons of the ms ms ms ms ms ms 116 tons of the GALB ms 289 tons of the GALB ms s s 8.6 tons of the s s s s s s s s s s s s s s s s s s s

However, as a result of the inevitable occurrence of the difference between the quantity of steel products manufactured and supplied in accordance with the manufacturing characteristics that should be cut and cut in accordance with the manufacturing specifications after purchasing steel products in the steel products manufacturing company which are necessary for manufacturing secondary products, the amount exceeding the quantity specified in the above estimate was required in completing the manufacturing of the above secondary products. The Plaintiff and the Defendant requested the Plaintiff after the above manufacturing contract, to perform additional construction that attaches protective films on the above steel materials, and then the Plaintiff and the Defendant subsequently decided to settle the additional costs incurred by the Plaintiff. The Plaintiff completed the manufacturing of the instant secondary products around January 13, 2019, and supplied the Defendant with the said secondary products.

3) The Plaintiff and the Defendant discussed the issue of settlement of the additional cost incurred by the Plaintiff in relation to the production of the said secondary production around January 17, 2019, and on May 8, 2019, KRW 660,000 for the production of the said secondary production (including value-added tax).

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