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(영문) 인천지방법원부천지원 2017.04.06 2016가단24422
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 is a company whose purpose is the steel wholesale business, and the Defendant is a company that aims at real estate development, etc.

B. The Defendant agreed to grant exclusive supply of materials, such as steel materials, necessary for the installation of sn beam among factory construction works performed under a contract with Sungjin Co., Ltd. (hereinafter “Cram”) and amram Co., Ltd. (hereinafter “Cram”).

C. On June 30, 2015, the Plaintiff supplied steel products worth KRW 150,561,534 as the price at the instant construction site, and issued a tax invoice for KRW 80,000 out of the price of the goods to the Defendant. The Defendant paid KRW 80,000,000 to the Plaintiff on the same day.

On July 6, 2015, the Plaintiff issued a tax invoice for KRW 70,651,270 for the remainder of the goods to the Defendant.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3 (including paper numbers) and the purport of the whole pleadings

2. Determination on the cause of the claim

A. The Plaintiff and the Defendant entered into a contract to supply KRW 148,561,534 of the total amount of goods on June 30, 2015, and the contract is replaced by a written estimate.

B) Accordingly, the Plaintiff supplied steel products worth KRW 150,561,534 to the Defendant, and issued a tax invoice for them. Since the Defendant paid KRW 80,00,000 out of the above price to the Plaintiff, the Plaintiff is obligated to pay KRW 70,651,270 to the Plaintiff the remainder of the goods. (ii) Defendant Cancer ordered the Plaintiff to make steel products. The Defendant received KRW 80,00,000 from am and then returned the money again to the Plaintiff according to the instructions of am and did not conclude a contract with the Plaintiff. At the time of transfer, the Plaintiff clearly stated that the Plaintiff was not liable for the price of the goods so there was no obligation to pay the price of the goods claimed by the Plaintiff.

B. Determination 1: (a) the Plaintiff supplied steel materials equivalent to KRW 150,561,534 at the instant construction site; and (b) the Defendant.

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