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(영문) 대구지방법원 2014.08.21 2013가합7626
물품대금
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 107,362,146 to the Plaintiff (Counterclaim Defendant) and its related amount from August 6, 2013 to August 21, 2014.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Plaintiff is a company that sells building equipment and materials, and the Defendant is a company that aims at the construction business of equipment.

B. After receiving a subcontract for the installation of the facilities among the urban-type residential housing construction works located in Daegu-gu Seoul-gu Seoul-gu Seoul-si (hereinafter “instant construction works”), the Defendant requested the Plaintiff to supply the equipment materials at the said construction site. The Plaintiff supplied the equipment materials at the instant construction site from February 2012 to June 2013.

C. The Defendant paid all the cost of materials requested by the Plaintiff until the end of February 2013 (hereinafter “cost of materials to be paid”), but refuses to pay the cost of materials incurred between March 4, 2013 and June 28, 2013 (hereinafter “cost of materials to be paid”).

[Ground of recognition] Facts without dispute, Gap evidence 1, 4, 5, Eul evidence 5 (including each number; hereinafter the same shall apply), Eul witness Eul's testimony, and the purport of whole pleadings

2. The parties' assertion

A. The Plaintiff asserts that “the Plaintiff supplied the Defendant with materials equivalent to KRW 109,924,332 (including value-added tax) in total from March 4, 2013 to June 28, 2013, the Plaintiff asserts that “The Plaintiff, as its principal lawsuit, sought payment of KRW 109,924,332 and damages for delay.”

B. The Defendant: (a) during the period from February 2012 to June 2013, the Plaintiff: (b) provided materials of KRW 325,174,910 to the instant site; and (c) set the price of the said materials excessively high; and (b) 20% of the total price of the said materials should be reduced from the Plaintiff’s principal claim amount.

Rather, the above total material cost of KRW 325,174,910 includes that the Plaintiff was paid the material cost of KRW 85,853,412 by preparing a false statement of transaction that the Plaintiff did not actually supply at the construction site of this case.

Therefore, the defendant's counterclaim is false.

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