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(영문) 부산지방법원 2018.03.23 2016가단37156
물품대금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff received an order from the Defendant on March 23, 2016 (hereinafter “instant order”), and subcontracted the cutting work of the steel plates that the Plaintiff supplied to the Defendant, and then supplied the Defendant with the steel plates raw materials processed therefrom.

1) Details and the terms of the special agreement (hereinafter “instant special agreement”) (i) the total weight unit (cost) per unit of raw materials PLAE k 120,000 k120,00 kg 140,000 kg 140,000 kg 140,000 kg 150,600,000 750,000 750,000 g 88,550,000 g 150,000 g. 750,000 g. 88,550,000 2) (hereinafter “instant special agreement”) ① The raw material PLAE weight is settled by the technical weight that minimizes the loss incurred from cutting by cutting it by means of the optimal dispute on the materials, such as NETSING plate, etc. prepared in D.

(2) Scrap iron materials generated after cutting shall be utilized for transport costs.

(No separate transportation cost). (b)

After that, the Plaintiff issued a tax invoice with the supply value of KRW 137,571,284 to the Defendant as of March 31, 2016, and the Defendant paid the total amount to the Plaintiff.

(A) This case’s order is the sum of KRW 81,305,702, and KRW 56,265,582, which is a part of the price of the steel plate ordered by the Defendant as the order of this case’s order).

Around April 2016, the Defendant was supplied with the iron plates of KRW 6,629,800 from the Plaintiff.

On the other hand, the Plaintiff received KRW 38,914,218 from the Defendant around September 9, 2016.

[Reasons for Recognition] Facts without dispute, entry of Eul evidence 1, witness E and F's testimony, purport of the whole pleadings

2. The parties' assertion

A. According to the Plaintiff’s assertion, the final weight of the PLAE supplied by the Plaintiff to the Defendant is calculated in terms of the respective weight of the raw materials cut from D, and accordingly, the total amount of the raw materials paid as of May 31, 2016, based on the final weight of the PLAE, is KRW 78,045,089, since the total amount of the goods unpaid as of May 31, 2016, is KRW 78,045,089, the Defendant paid the unpaid goods

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