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(영문) 부산지방법원 2019.01.23 2018나46322
물품대금
Text

1. The judgment of the court of first instance is modified as follows.

The defendant shall pay to the plaintiff KRW 9,187,838 as well as to the plaintiff on July 5, 2016.

Reasons

1. Basic facts

A. The Plaintiff is a company that engages in wholesale and retail business of steel products, and the Defendant is a company that engages in manufacturing of industrial machinery, etc.

B. An order for the supply of goods between the Plaintiff and the Defendant to enter into a contract with the Plaintiff for the supply of goods at KRW 8,50,000 for the total weight unit price (won) of the product name (PLATE) (PLATE) 120,000 km 61,200,000 additional cost (materials) 15,000 km 140,000 km 140,000 km 16,60,000 total sum of KRW 88,50,000 for 26,60,000

1. Details of ordered goods;

1. Date of delivery: The head office of the defendant; from March 28, 2016 to April 12, 2016:

3. The weight of raw materials display shall be the optimal arrangement of parts or members expressed by the closed figure on the two-level NAING drawn up in D, in a rectangular form, etc.;

(b) settle accounts by weight;

4. Scrap iron materials generated after the cutting shall be utilized for transport costs;

(No separate transport cost is available). 5. On the basis of the CP carnet drawings offered by the Defendant, G (Plaintiff) cut off the class of raw materials.

6. The settlement weight of the cutting costs shall be compared to the file format list and comparison that are used to store the data of DWG Drawing, secondary/3 specifications after confirmation of 140 tons.

7.No settlement shall be made for up to 3 per cent with respect to additional costs of cutting and reduction due to DWG base or any other cause.

1) On or around March 23, 2016, the Defendant requested the Plaintiff to supply steel products, and the Plaintiff shall be given an order with the following content (hereinafter “instant order”).

2) According to the instant order, the Plaintiff subcontracted the cutting work of steel products to the Defendant, and D cut the steel plate of the raw materials supplied by the Plaintiff upon receiving a drawing from the Defendant. Since then, the Plaintiff supplied the processed steel products to the Defendant.

C. On March 31, 2016, the Plaintiff issued a tax invoice with the supply value of KRW 137,571,284 to the Defendant as of March 31, 2016, and the said KRW 137,571,284 was part of the price of the product ordered by the Defendant as the instant order.

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