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(영문) 서울서부지방법원 2016.12.14 2016가단207921
물품대금
Text

1. The Defendant’s KRW 18,137,00 for the Plaintiff and KRW 5% per annum from March 9, 2016 to December 14, 2016.

Reasons

1. Facts of recognition;

A. The Plaintiff was awarded a contract for “B labor union establishment work” from Daewoo Construction Co., Ltd.

B. On June 6, 2013, the Plaintiff concluded a contract with the Defendant to sell cancer that occurs during the said construction work.

(hereinafter “instant cancer sale contract”). C.

In the instant cancer sale contract, the unit price for the purchase and sale of cancer to be sold was 4,600 won per 1 square meter, but if the transportation cost (2,100 won per 1 square meter) is deducted from the relationship borne by the Plaintiff as the relationship borne by the Plaintiff, the actual amount is 2,500 won per 1 square meter.

In the process of loading cancer to the Defendant at a construction site, there was a dispute between the Plaintiff and the Defendant as to whether it was taken out, other than earth and sand, and the Plaintiff and the Defendant issued a tax invoice only for the volume without mutual dispute, and the remainder was reserved.

E. Among the quantities taken out, the amount of 9,490 square meters is 9,490 square meters for which no tax invoice has been issued, in dispute between the Plaintiff and the Defendant whether it should be

F. Although the Plaintiff and the Defendant were recognized to sell rocks and issued a tax invoice, the Defendant has not yet paid the amount of KRW 23,567,00,000. Meanwhile, at the other construction site, there is KRW 5,430,000 as the unpaid price for the Plaintiff purchased aggregate from the Defendant.

[Ground of recognition] Unsatisfy, Gap evidence 1 to 3, Eul evidence 1, the purport of the whole pleadings

2. The parties' arguments and the judgment of this court

A. There is no dispute as to the remaining KRW 18,137,00, which offsets the Defendant’s aggregate payment obligation of KRW 5,430,00,00 among the amount payable between the Plaintiff and the Defendant during the tax invoice issuance amounting to KRW 23,567,00.

B. The part in dispute between the Plaintiff and the Defendant is 9,490 square meters of the quantity for which the tax invoice was not issued, due to the dispute that should be seen as cancer sale.

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