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(영문) 부산지방법원 2017.02.10 2016가단6848
물품대금
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 131,625,00 to the Plaintiff (Counterclaim Defendant) and its related amount from January 16, 2016 to February 10, 2017.

Reasons

1. Basic facts

A. The Plaintiff is a merchant who manufactures and sells the saves box for freezing fish packaging in the name of “B” (hereinafter “instant box”). The Defendant is a corporation that engages in the processing, distribution, sale, storage, transportation, etc. of agricultural, livestock, and fishery products.

B. On May 2014, the Plaintiff entered into a sales contract with the Defendant for the instant boxes (hereinafter “instant sales contract”), and accordingly, supplied the instant boxes to the Defendant from May 9, 2014 to September 11, 2015.

C. From January 1, 2015 to September 11, 2015, the Plaintiff purchased a box equivalent to KRW 181,078,90 from January 1, 2015 and from March 21, 2015 to September 11, 2015, each electronic tax invoice (Evidence A 1-1-1 to 15) issued by the Plaintiff to the Defendant; and the Defendant stated the following unit price as the unit price of the box supplied from January 1, 2015 to September 11, 2015 to “the total amount of KRW 181,078,909” (the unit price of the box supplied below).

1) 20km [Standard 540km (Ga) x 340m x 340m x 150m m x 150m m ) unit price] 990 m 10km (Standard 510m x 310m x 100m x 100m m) unit price for each 750 won unit price for each 3 m 750m n.

D. Meanwhile, from September 5, 2014 to September 11, 2015, the Defendant paid to the Plaintiff an amount calculated based on the instant unit price as the price for the portion supplied to the instant boxes from August 14, 2014 to March 28, 2015.

[Ground of recognition] Facts without dispute, Gap evidence 1-1-15, Gap evidence 2-2, the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff's assertion that the plaintiff supplied the boxes of this case according to the sales contract of this case and the amount of credit payment that was not paid by the defendant = 135,236,300.

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