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(영문) 대전지방법원 2012.05.16 2011가합8519
물품대금
Text

1. The Defendant shall pay to the Plaintiff KRW 222,062,424 and the interest rate of KRW 20% per annum from September 15, 201 to the day of full payment.

Reasons

1. The following facts may be acknowledged if there is no dispute between the parties, or if the parties are stated in Gap's Evidence Nos. 1 to 5, 6, 8, and Eul Evidence Nos. 1 to 3 (including each number, if any) and the witness C, and some testimony of D contain the whole purport of the pleadings:

around November 2009, the Defendant is a company established by the Gyeonggi-do Office of Education for the main purpose of construction works for small-scale build-transfer-lease projects (BTL) with the exception of E elementary schools (hereinafter “G”), G Co., Ltd., H Co., Ltd., H Co., Ltd., and I Co., Ltd., a special purpose corporation (Speci PPP), and G is a company established with the main purpose of construction business, and the Plaintiff is a company engaging in the manufacture-sale business of steel bars.

B. Around November 2009, G: (a) the Defendant received orders from the Office of Education of Gyeonggi-do from the Defendant to supply and perform the construction works of J, K, High Schools, L, Elementary Schools, M, and N Elementary Schools (hereinafter “the entire construction works of this case”); and (b) the details of the contract are as shown below.

On-site school construction cost (excluding value-added tax) 1,945,00,00 K High Schools 1,945,000,000 L Elementary Schools 752,000,000 M Middle Schools 1,967,000,000 N Elementary Schools 1,676,000,000 N Elementary Schools 1,150,000,000 underground parking lots 1,676,00,000,000 combined 8,985,000,000

C. On January 15, 2010, the Plaintiff entered into a commodity supply contract with G to provide continuous steel bars necessary for the construction of N Elementary Schools’ sports halls and underground parking lots (hereinafter “instant construction”) (hereinafter “instant goods supply contract”). On May 3, 2010, the Plaintiff supplied to G a total amount of KRW 247,062,242 (including value-added tax) four times in total, including on August 10, 201 and August 24, 2010, and November 9, 2010.

On the other hand, G is May 2010.

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