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(영문) 춘천지방법원 2016.06.10 2015나4188
물품대금
Text

1.The judgment of the first instance shall be modified as follows:

The defendant shall pay to the plaintiff KRW 6,234,450 and its interest on January 31, 2015.

Reasons

1. Basic facts

A. From February 22, 2014 to April 7, 2014, the Plaintiff engaged in the business of selling ready-mixeds supplied ready-mixeds equivalent to KRW 35,312,750 in total at the site of the Chuncheon-si Construction Project (hereinafter “instant construction”) for seven occasions as follows, and issued a tax invoice to the Defendant.

(However, Nos. 3 and 4 supplied F Co., Ltd. operated by the Plaintiff’s representative director E, and issued a tax invoice to the Defendant. The name, quantity (including VT) of the unit price (including 25-21-1265,509,078, 300 on February 22, 2014; 25-21-120 545,500 65,500 304, 205, 2014 25-25, 2054, 205-64, 205-4, 205, 205-64, 205-4, 205, 205-4, 205-6, 204, 2504, 205-4, 205, 205-4, 2014.

B. The Plaintiff received KRW 6 million from the G in charge of the instant construction project, and KRW 10 million from the Defendant as the price for ready-mixed, respectively, on April 5, 2014 and July 21, 2014.

[Ground of recognition] The fact that there is no dispute, Gap 2 through 5, Eul 6 (including branch numbers, if any; hereinafter the same shall apply), and the purport of whole pleadings

2. The parties' assertion

A. Since the Plaintiff’s assertion entered into a contract for the supply of ready-mixeds with the Defendant, the Defendant claimed an amount calculated by deducting the amount of KRW 9,312,750 ( KRW 35,312,750 - KRW 26,00,00) unpaid from the Plaintiff, from the amount paid to the Plaintiff, KRW 6,97,100, and the amount of KRW 28,315,650 (=35,312,750 - KRW 6,997,100) paid from both the amount paid to the Plaintiff and the amount paid to the Plaintiff, which was 19,02,90,000 (=26,000,000 - KRW 6,997,100).

shall be liable to pay such amount.

B. The Defendant alleged that the instant construction was contracted to G around December 2013, and G gave rise to ready-mixed to the Defendant.

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