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(영문) 청주지방법원충주지원 2015.04.16 2013가합607
물품대금
Text

1. Defendant (Counterclaim Plaintiff) A and Defendant B jointly and severally file for KRW 46,207,040 with the Plaintiff (Counterclaim Defendant) and the same.

Reasons

1. Facts constituting the premise of the dispute;

A. On May 3, 2011, the Plaintiff entered into a supply contract with Defendant A to supply reinforcement block (e.g., e., e., e., e., e., e., e., 300 won per head (excluding value-added tax), and Defendant B jointly and severally guaranteed Defendant A’s obligations.

Pursuant to the above contract, the Plaintiff supplied reinforced block to the site of Defendant A Factory Construction Work (Sajin C).

B. From May 3, 2011 to June 23, 2011, Defendant A had D (E) who is the contractor of a retaining wall installation contract install a block-type reinforced retaining wall of approximately 200 meters in length at the site of the aforementioned factory construction work, and approximately 8 to 15 meters in height.

C. However, from June 24, 201, there was a crack on the reinforcement block of the above retaining wall from around June 24, 201, and there was a distribution oil phenomenon.

From the end of August 201 to the beginning of August 2012, Defendant A removed the above reinforced soil retaining wall and reconstructed it.

[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 13, the purport of the whole pleadings

2. Determination as to the cause of the principal claim

A. Comprehensively taking account of the respective descriptions and arguments stated in Gap 1, 2, 3, and 5 (including serial numbers), the Plaintiff may recognize the fact that according to the above reinforced block supply contract, the Plaintiff supplied 13,328 units from May 3, 201 to May 25, 201, ② 13,328 units from May 30, 201 to June 20, 201, and ③ 9,120 units from September 1, 201 to October 11, 201.

Meanwhile, the Plaintiff received KRW 57,84,240 on September 31, 201, a sum of KRW 32,844,240 on 31, 201, and KRW 10,000 on 9, 2011, and KRW 57,84,240 on 30,000 on 15,00,000 on 30,000, and KRW 3,01 on 10,000 on 30,00 on 10,00,000 on 57,84,240.

Therefore, it is special.

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