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(영문) 수원지방법원 2020.02.11 2018가단511825
물품대금
Text

1. The Defendant’s KRW 146,247,00 for the Plaintiff and KRW 15% per annum from April 5, 2018 to May 31, 2019.

Reasons

1. Facts of recognition;

A. On May 7, 2012, the Plaintiff entered into a contract with the Defendant to sell and install the mutual guidance case (hereinafter “instant first contract”) at KRW 850,00,00,00 with the total amount of KRW 850,00,00.

Accordingly, the Plaintiff supplied the Defendant with a china case, and received 816,000,000 won out of the above purchase price from February 28, 2012 to February 7, 2018 from the Defendant.

B. On June 4, 2015, the Plaintiff entered into a contract with the Defendant to sell and install a china case (a model name: Category C, Category 4, Group 4: Group 25) for KRW 403,200,000 (hereinafter “instant contract”).

Accordingly, the Plaintiff supplied the Defendant with a china case, and received 288,390,000 won from the Defendant over several occasions from June 4, 2015 to January 24, 2017.

C. On the other hand, the Defendant paid KRW 2,563,00 on behalf of the Plaintiff regarding the instant contract No. 1.

[Ground of recognition] Facts without dispute, Gap 1-3 evidence, Eul 1-4 evidence, the purport of the whole pleadings

2. The assertion and judgment

A. Comprehensively taking account of the facts acknowledged prior to the determination as to the cause of the claim, the Defendant is obligated to pay the Plaintiff the unpaid purchase price of KRW 148,810,00 [Article 850,00,000 [Article 816,00,000 [Article 816,00,000] (Article 403,200, - 288,390,000)] of the Defendant’s expenses paid on behalf of the Plaintiff, deducted KRW 2,563,00 from the expenses paid by the Defendant to the Plaintiff, barring any special circumstances.

B. As to the Defendant’s assertion, the Defendant, on behalf of the Defendant, paid KRW 15,561,500 for the material pipe price in relation to the instant contract No. 1. In light of the entries of KRW 32,764,00 for installation and assembly costs in relation to the instant contract No. 2, and the witness F’s testimony, the Defendant appears to have paid KRW 32,764,00 for KRW 32,70 for the preparatory documents dated August 20, 2018, or written as the Defendant’s assertion.

As such, the above amount has been paid on behalf of the Corporation.

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