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(영문) 의정부지방법원고양지원 2019.02.01 2018가단7231
물품대금 등
Text

1. The Defendant’s KRW 72,820,00 for the Plaintiff and KRW 5% per annum from April 24, 2018 to September 7, 2018.

Reasons

1. Fact-finding;

A. On December 2016, the Plaintiff engaged in manufacturing business, such as furnitures, with the trade name of “D”. At the electronic bid for manufacturing and supplying windows, wood processing, and other furnitures, etc. (hereinafter “instant wood processing products”) conducted by the Defendant at the site of the construction of a new hotel on the ground of Yongsan-gu Seoul, Yongsan-gu, Seoul (hereinafter “YY”) (hereinafter “the instant wood processing products”), the Plaintiff was awarded a bid of KRW 8,9150,00 (excluding value-added tax).

B. After that, while the Plaintiff manufactured and supplied the instant wood processing products at the Gansan site, he/she produced and installed additional wood processing products at the Defendant’s request (hereinafter “additional minutes”). Accordingly, the Plaintiff supplied and installed all goods including additional minutes at the above site from December 16, 2016 to July 27, 2017.

C. Accordingly, on July 27, 2017, the Defendant’s on-site agent F, G, and H drafted and issued a written confirmation that the Plaintiff completed the supply in entirety with respect to the details and additions of the Yongsan on-site tender. D.

On July 20, 2017, the Plaintiff submitted a written settlement of accounts to the Defendant, and the bid price was KRW 84,560,000 with the initial bid price of KRW 89,150,00 or KRW 64,392,290 with the additional tender price of KRW 84,560,000, and the additional tender price of KRW 148,950,000 with the total price of KRW 148,950 (excluding value-added tax, KRW 1,00 with the unit of KRW 1,00).

E. After that, the Defendant requested the Plaintiff to adjust the price of goods by reducing the price of goods, and during that process, on April 10, 2018, the Defendant’s I chief sent e-mail to the Plaintiff and added 136,20,000 won (=the tender details of KRW 72,00,000 + the additional amount of KRW 64,20,000 and value-added tax separate). The Plaintiff accepted this.

F. The Defendant paid the Plaintiff KRW 77,000,000 in total as the price for the instant goods.

【Partial grounds for recognition】In the absence of dispute, Gap 1 through 4, 6 through 13, and Eul 1.

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