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(영문) 수원지방법원안산지원 2019.09.05 2019가합7829
물품대금
Text

1. The Defendant’s KRW 612,107,100 as well as the Plaintiff’s annual rate of KRW 6% from May 15, 2019 to September 5, 2019.

Reasons

According to the purport of each of the statements and arguments set forth in Gap 1, 2, 3, and 4 (including household numbers) and each of the following items, it can be acknowledged that the plaintiff, who manufactures and sells ready-mixed, supplied ready-mixeds equivalent to 1,639,351,230 won in total to the defendant who conducts housing construction business from April 2016 to November 2018. The plaintiff was paid KRW 774,806,450 before the application for the payment order of this case from the defendant, and KRW 252,437,680 after the application for the payment order of this case, and the defendant was voluntarily paid KRW 612,107,100 (i.e., 1,639,351, 230 won - 74,806,450 won - 252,437,680 won and 250 days after the date of the final payment order of this case.

Meanwhile, while the Plaintiff was paid KRW 252,437,680 from the Defendant after the application for the instant payment order, the Plaintiff maintained the part claiming the payment of the amount corresponding thereto. However, as seen above, the Defendant paid the amount of 252,437,680 to the Plaintiff, and thus, the Plaintiff’s claim for this portion is rejected.

Therefore, the plaintiff's claim is justified within the above scope of recognition, and the remaining claims are dismissed as it is without merit. It is so decided as per Disposition.

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