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(영문) 인천지방법원 2015.05.14 2015가단206040
물품대금
Text

1. The Defendants jointly and severally committed against the Plaintiff KRW 82,308,362 and the Defendant Co., Ltd. from December 12, 2014.

Reasons

Comprehensively taking account of the purport of each statement in Gap evidence Nos. 1 through 6, the plaintiff company engaged in the manufacture and sale of wood, etc., and the defendant Round Construction Co., Ltd. (hereinafter "the defendant company") shall enter into a timber supply contract with the defendant company on or around October 15, 2013 on the condition of payment of the monthly closing profit between the defendant company and the defendant company on or before October 30, 2013, and the defendant A guaranteed joint and several liability for the purchase of goods to the plaintiff of the defendant company. The plaintiff supplied the defendant company with timber of KRW 242,103,179 up to October 11, 2014, and the defendant company paid KRW 159,794,817 out of the price of goods until December 11, 2014, the defendant company shall be jointly and severally liable to pay 82,308,362 won (=242,103,179, 1971) to the plaintiff's 2015.

In regard to this, the Defendants asserted that the Plaintiff’s claim for the payment of the goods was offset against the Plaintiff’s damage compensation claim, since there was a defect that occurred in the Gohap 400,000, which was supplied by the Plaintiff around April 2014, and the damage equivalent to KRW 6.4 million was incurred due to reconstruction due to a defect, and the damage was incurred to additionally pay the wages equivalent to KRW 9.7 million to the wooden and steel industry in addition to the wages of KRW 9.7 million was incurred due to reconstruction due to the defect. The Plaintiff filed a civil petition with the ordering office and the original office due to the delay of construction due to the delay of construction, and the damage incurred to the wooden industry in additionally paying the labor cost of KRW 1.2 million to the steel industry and KRW 5.25 million to the steel industry. However, there was no evidence to acknowledge this.

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