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(영문) 청주지방법원충주지원 2015.08.20 2015가단1485
물품대금
Text

1. Defendant B Co., Ltd. shall pay to the Plaintiff KRW 63,465,137 and the interest rate thereon from February 14, 2015 to the date of full payment.

Reasons

(b) the facts of the basis;

A. Defendant C is the representative director of Defendant B (hereinafter “Defendant C”).

B. Around May 2010, Defendant C drafted a document stating that reinforcement block (a size: 500*470*200) shall be ordered to be used at all sites of the Defendant Company at KRW 3,080 (including surtax) (hereinafter “instant product principal document”).

After that, the Plaintiff and the Defendant Company did not separately prepare a contract, but continued to perform reinforcement block transactions from May 2010 to December 30, 2014.

C. On November 19, 2013, the Plaintiff and the Defendant Company concluded the following contracts (hereinafter referred to as the “instant technology use contract”), and the construction performed by the Defendant Company under the said contract (hereinafter referred to as the “instant construction”).

1. Construction name: “Dong Sea - roof road construction work”;

2. Construction cost: seventy thousand won; and

3. Name of subcontract: A retaining wall of a planted and reinforced soil (graston) among "Dong Sea - pent road construction work."

4. Contract Contents: 187,00,000 won, including value added tax, from the construction cost of the above project, shall be paid to the account designated by the Dispute Settlement Bank, the patentee, in proportion to the claim ratio after receipt of the objection.

5. Scope of use: The name of the construction from the commencement to the completion of the construction from the completion of the construction site to the completion of the next construction site: The details of the execution of the construction works limited to the same year-style road construction works.

6. On November 19, 2013, the date of concluding a contract: A representative director DD of the Korea Development Bank.

8. Technology user: The fact that there is no dispute over the B representative director C [based ground for recognition], Gap evidence Nos. 1, 2, and 5 (including branch numbers; hereinafter the same shall apply), Eul evidence No. 1, and the purport of the whole pleadings;

2. The parties' assertion

A. From May 27, 2014 to December 30, 2014, the Plaintiff supplied goods equivalent to KRW 70,744,740 to the Defendant Company. The Defendant Company paid only KRW 35,565,200 out of the above goods. ② The Defendant Company paid the Plaintiff royalties of KRW 138,285,597 in accordance with the instant technology use agreement.

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