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(영문) 수원지방법원여주지원 2020.04.09 2019가단6821
물품대금
Text

1. The Defendant shall pay to the Plaintiff KRW 57,893,830 and the interest rate of KRW 12% per annum from October 29, 2019 to the date of full payment.

Reasons

1. Facts of recognition;

A. On March 20, 2018, the Plaintiff entered into a contract with the Defendant to determine and supply ready-mixeds as a representative size of KRW 55,000 per square meter (excluding value-added tax), etc. (hereinafter “instant contract”) upon receipt of an order from the Defendant to request the supply of ready-mixed at the site of a new multi-household construction project located in Chungcheong-gun D, Chungcheong-gun (hereinafter “multi-household contract”).

B. Pursuant to the instant agreement, the Plaintiff supplied ready-mixeds equivalent to KRW 129,893,830 (including value-added tax) in total from March 29, 2018 to August 14, 2018, pursuant to the instant agreement.

C. Of the above 129,893,830 won, the Defendant paid to the Plaintiff KRW 22 million on March 31, 2018, KRW 30 million on June 20, 2018, and KRW 72 million on February 27, 2019.

[Evidence Evidence: Evidence Nos. 1 through 7 (including paper numbers; hereinafter the same shall apply)

(i) each entry and the purport of the whole pleadings

2. Judgment on the parties' arguments

A. According to the above facts as to the cause of the claim, the Defendant is obligated to pay to the Plaintiff the remainder of 57,893,830 won, excluding the remainder of 72,00,000 won already paid, among the amount of 129,893,830 won provided pursuant to the instant agreement, and the damages for delay calculated at the rate of 12% per annum from October 29, 2019 to the date of full payment, which is the day following the delivery of the original copy of the instant payment order, sought by the Plaintiff.

B. As to the Defendant’s assertion, the Defendant asserts as follows: (a) The Defendant: (b) paid the Plaintiff KRW 129,893,830 on March 29, 2018, KRW 40,000 on June 15, 2018; (c) KRW 20,000,000 on October 18, 2018; and (d) KRW 10,000,000 on November 26, 2018 and KRW 20,000 on February 27, 2019; and (e) the unpaid amount was paid to the Plaintiff KRW 120,00,000,000 on a total of KRW 120,000,000 on the consignment price; and (e) the Defendant concluded a contract with the entrusted company’s 30,000,000 on March 27, 2019 with the entrusted company’s 30,0000,00.

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