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(영문) 울산지방법원 2016.08.23 2015가단63984
물품대금
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 24,268,290 to the Plaintiff (Counterclaim Defendant) and the amount from August 15, 2015 to August 23, 2016.

Reasons

1. Basic facts

A. On June 30, 2015, the Plaintiff entered into a contract with the Defendant for the manufacture of a consortium light structure and a paint construction contract (hereinafter “instant contract”).

From June 29, 2015 to July 20, 2015, the production amount was calculated by weight of the manufacturing structure, and the production amount was determined by two million won per sheet (value-added tax separately).

B. The Defendant paid to the Plaintiff KRW 20 million as advance payment.

C. On August 2015, the Plaintiff completed the manufacture of a structure for police officers, and delivered it to the Defendant.

On August 14, 2015, the Plaintiff requested the Defendant to provide a statement of accounts (Evidence A No. 4), and the remainder 25,808,290 won (the sum below 5,643,90 won x 1.1 (value-added Tax Consideration) - advance payment 20 million won). On August 14, 2015, the Plaintiff asked the Defendant to reply by up to 17:00 on August 14, 2015.

The main contents of the settlement of accounts shall be as follows:

(1) Manufacturing costs: 37,529,400 won. ② Manufacturing costs for press presses: 4.64,500 won: 2.250,00 won: 4.2.5 million won for correction and additional work costs: 1.4 million won (4.3% of the actual execution cost) 1.4 million won (3.3% of the total amount 4.2 million won) 20% (the total amount shall be deemed as 4.3% of the actual execution cost) for the first process, and the total amount shall be deemed as 41,643,90 won (the basis for recognition) and the purport of the whole pleadings.

2. Determination as to the claim on the principal lawsuit

A. The plaintiff is the principal plaintiff 1.D.

In regard to the claim under paragraph 25,808,290 won, the defendant shall make 1. D in the response.

(4) The plaintiff asserts that the costs of paragraph (1) should not be excluded because the plaintiff failed to make the product properly.

“Patch-Shot cost” is deemed to mean the cost of re-tamping the paint, and the Plaintiff also claims 3.3% of the amount actually claimed, and the Defendant’s answer is not against the Defendant’s answer, the expenses referred to in paragraph (4) shall be excluded.

B. Therefore, the defendant shall pay to the plaintiff KRW 24,268,290 [40,243,90 [1.]

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