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(영문) 부산지방법원 서부지원 2018.08.16 2018가합41
매매대금
Text

The defendant's KRW 162,564,519 as well as 5% per annum from January 24, 2018 to August 16, 2018 to the plaintiff.

Reasons

1. Facts of recognition;

A. In the meantime, the Plaintiff and the Defendant have been engaged in the transaction in which the Plaintiff supplied the Defendant with copper to manufacture electric wires and supplied the Defendant with copper processed by the Defendant to the Plaintiff.

B. On June 15, 2017, the Defendant entered into a contract between the Plaintiff and the Seoul Guarantee Insurance Co., Ltd. (hereinafter “Seoul Guarantee Insurance Co., Ltd.”) on the payment guarantee for the price of credit goods from June 15, 2017 to May 31, 2018, under which the insurance period was from June 1, 2017 to May 31, 2018, and issued the performance guarantee bond to the Plaintiff.

C. The Plaintiff did not receive KRW 543,827,240 from the Defendant regarding the old interest that was supplied to the Defendant from June 2017 to December 6, 2017.

On the other hand, the Defendant did not receive KRW 271,012,721 from the Plaintiff regarding the old interest that was processed and supplied to the Plaintiff from around 2005 to December 19, 2017.

E. On February 12, 2018, the Plaintiff received KRW 100,000,000 insurance money from the Seoul Guarantee Insurance pursuant to the said payment guarantee contract.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 4 (including branch numbers in case of additional number), the purport of the whole pleadings

2. According to the facts of recognition prior to the determination as to the cause of the claim, the Defendant’s price for the goods to be paid to the Plaintiff remains 172,814,519 won (= KRW 543,827,240 - KRW 271,012,721 - 100,000), which is the day following the day on which a copy of the complaint of this case was served to the Plaintiff, after deducting the Plaintiff’s payment for the goods unpaid from KRW 543,827,240, and KRW 172,814,519 (= KRW 542,564,519) and the Defendant’s payment for the goods unpaid to the Plaintiff from January 24, 2018.

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