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(영문) 대구지방법원서부지원 2020.06.24 2019가단238
물품대금
Text

1. The defendant jointly and severally with C Co., Ltd. about KRW 30,600,752 and KRW 23,500,000 among them, shall be jointly and severally filed with C Co., Ltd. on August 10, 2017.

Reasons

1. Facts of recognition;

A. The Defendant, as a mining right holder of D’s mining right in Nam-si, Namyang-si, was operating a mining firm in the name of “E”, closed on August 31, 2007, and was established on April 4, 2012 with F, and was appointed as an auditor of the said company on December 12, 2012.

B. On May 8, 2013, the Plaintiff, a company engaged in manufacturing and selling environmental industry machinery, entered into a contract with the Defendant for the production and installation work of the 250CM BG FILTG FILER.

(hereinafter “instant contract”). (c)

On May 9, 2020, the Plaintiff received a promissory note of KRW 10,500,000 from the Defendant, which was endorsed by the Defendant as the down payment under the instant contract.

Around that time, the Plaintiff and the Defendant prepared a contract regarding the instant contract that “10,500,000 won out of the construction cost of KRW 46,000,000 was already paid, and the intermediate payment of KRW 18,00,000 was paid immediately after entering equipment, and the remainder of KRW 17,50,000 shall be paid upon the Plaintiff’s request and the Defendant’s approval after the completion of the trial,” and the matters related to value-added tax were not stated in the said contract.

On May 11, 2013, upon receipt of a request from C to place an order for the said period, the Plaintiff completed the production and installation of the said period under the instant contract on May 20, 2013. On July 31, 2013, the Plaintiff issued a tax invoice of KRW 46,000,000, tax amount of KRW 46,60,000 for C.

E. On December 28, 2016, the Defendant deposited KRW 7,500,000 as the principal deposit, and KRW 2,500,000 on January 17, 2017, and KRW 2,500,000 on March 17, 2017, respectively, with the Plaintiff deposited the Plaintiff as the principal deposit. On August 9, 2017, the Plaintiff paid KRW 12,00,000 in total.

F. During the instant lawsuit pending, the Plaintiff and C rendered a final and conclusive decision on May 11, 2020 to the effect that “C shall jointly and severally pay KRW 23,500,000 to the Plaintiff by July 31, 2020, and the Plaintiff waives the remainder of the claim against C.”

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