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(영문) 광주지방법원순천지원 2016.06.30 2015가단73399
물품대금
Text

1. The Defendant’s KRW 86,538,100 as well as the Plaintiff’s KRW 20% per annum from June 17, 2015 to September 30, 2015, and the following.

Reasons

1. Basic facts

A. On March 31, 2014, Dongyang FF Co., Ltd. entered into a contract on the manufacturing of a consortium device among the facilities for transporting coal at a thermal power plant to be constructed in the Philippines with the Defendant. On April 1, 2014, the Defendant entered into a contract to subcontract the manufacturing of the consortium device with the Plaintiff (hereinafter “instant contract”).

B. Details of the instant contract are as follows.

The contract amount of 90 tons (2,550,000 Won/Ton) in the name of the Pveyor construction project (2,50,000 won/Ton) 229,50,000 won (excluding value-added tax)

C. Around June 2014, the Plaintiff completed the supply pursuant to the instant contract, but the additional quantity was 60 tons.

On June 17, 2014, the Plaintiff and the Defendant settled accounts for additional quantities to the Defendant.

6. Once sending up to 30.30, the part acknowledged by the East ENF Co., Ltd. was organized, and the Defendant paid the amount for the additional volume to the Plaintiff.

(A) No. 1 and e.

On November 1, 2014, the Plaintiff and the Defendant agreed that the Defendant shall be responsible for and pay the additional production cost of KRW 236,000,000 (excluding value-added tax, but hereinafter “final amount”) claimed by the Plaintiff, and the transport and removal of the additional quantity shall be subject to the Plaintiff’s consent.

(A) The Plaintiff and the Defendant calculated the remainder of KRW 117,250,000 (excluding value-added tax) by deducting the sum of KRW 117,250,000 for seals, packaging, transportation expenses, etc., which the Defendant directly performed at KRW 235,00,00 for the additional quantities of the Defendant on November 1, 2014 (hereinafter “the first agreement”). G. Around January 2015, the Defendant paid KRW 39,329,00 for the personnel expenses of B with the Plaintiff’s consent.

H. On January 15, 2015, the Defendant, without the Plaintiff’s consent, shall settle the price for the goods related to the additional quantity between the Dongyang EFF Co., Ltd. in KRW 160,00,000 (excluding value-added tax).

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