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(영문) 창원지방법원 2017.12.14 2017가합52583
물품대금
Text

1. As to KRW 164,017,254 and KRW 161,95,494 among the Plaintiff, the Defendant shall be from May 1, 2017 to June 14, 2017.

Reasons

1. Facts of recognition;

A. The Defendant produced pipes necessary for the vessel and supplied them to the STX Shipbuilding Shipping Co., Ltd. (hereinafter “STX Shipbuilding”), and requested the Plaintiff to color the pipe.

B. From April 2016 to March 2017, the Plaintiff carried out coloring operations equivalent to KRW 384,286,990, in total, from the pipe produced by the Defendant. For this purpose, the Plaintiff was supplied with paints equivalent to KRW 109,216,155 (= KRW 105,595,230, KRW 3,620,925) from the STX Line’s sea for a fee.

(hereinafter referred to as “price for a fee-charging”) c.

On March 2017 and April 2017, the Plaintiff was issued with a total of KRW 113,075,341 bills from the Defendant for the payment of the above doctrine price and was settled at maturity.

After that, the Plaintiff performed the pipe painting work equivalent to KRW 2,021,760 in addition to the price from April 2017 to August 2017 on the pipe produced by the Defendant.

[Ground of recognition] Facts without dispute, Gap 1, 3 evidence, Eul 4, 5, 6 evidence (including each number), the purport of the whole pleadings

2. The determination of the cause of the claim is that the Plaintiff is entitled to deduct 109,216,155 won of the paid-in price for the PTX Line from the color price that the Plaintiff would receive from the Defendant. According to the above facts of recognition, the Defendant additionally served the Plaintiff KRW 161,95,95,494 (=384,286,90-109,216,155 won of the paid-in price for the paint from March 2017 to KRW 384,286,155,341 of the paid-in price for the paint, and KRW 113,075,341 of the paid-in price for the paint from KRW 384,286,90 to KRW 109,109, KRW 155, KRW 13,175,341) and KRW 2016,7410 of the paid-in price for the payment to the Plaintiff from KRW 20165,7417.7.7.20

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