(영문) 수원지방법원 2018.06.21 2017나15314

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(영문) 수원지방법원 2018.06.21 2017나15314

물품대금

Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the amount ordered under paragraph (2) shall be revoked, and that part shall be revoked.

Reasons

1. Facts of recognition;

A. The Plaintiff entered into a goods supply contract with the Defendant, and supplied the Defendant with bridge railing, repair materials, and protective repair materials by May 31, 2016, and continued business relations with the Defendant.

The sum of the prices for goods that the Plaintiff had not received by December 31, 2017 supplied to the Defendant is KRW 100,507,624.

B. On August 18, 2014, the Plaintiff and the Defendant agreed as follows:

Agreements

1. A (referring to the plaintiff; hereinafter the same shall apply) and B (referring to the defendant; hereinafter the same shall apply) recognize the existence of claims and obligations of KRW 93,427,540 (including surtax) as of August 18, 2014 through mutual product transactions;

2. Eul shall reduce its claim amounting to KRW 60,00,000 (including surtax) for the claims under the above paragraph (1) remaining after the delivery to Gap, taking into account the circumstances of difficulties in management of Gap.

To this end, B and A promise to:

1) “B” grants the registration of partial procurement of the intellectual property rights of “B” and the fee shall be determined in attached Form. 2 “B” shall be paid first to “B” in the course of carrying out the remaining construction work on a bridge dubed construction (GS construction) site among Section 5 of the GS-B-B-B-B-B-B-B-B-W-B-B-W-B-B-W-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B

(Provided, That if the price of Party A is favorable by the estimate (competitive) price at the time of the progress of construction, the right of production shall also be granted to Party B, in case where the claim of Party B at present becomes final and conclusive.

3. A and B shall not reverse the agreement under Paragraph 2 above, comply with the agreement under Paragraph 1 of Article 2 above within the above permitted scope, and shall be responsible for violation of the agreement.

4. A and B shall maintain mutual secrecy in this Agreement.

[Ground of recognition] Unsatisfy, A5 through 7 evidence (including the number of pages).

유사 판례

-서울중앙지방법원 2016.12.15 2016가합511011

-서울중앙지방법원 2016.12.08 2015가합16595

-부산지방법원 2017.01.18 2016가합49231

-수원지방법원안양지원 2015.01.20 2014가단16898

-부산지방법원동부지원 2019.05.14 2018가단210654