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(영문) 창원지방법원통영지원 2014.12.09 2014가단1774
물품대금
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 14,169,00 to the Plaintiff (Counterclaim Defendant) and its payment from December 18, 2013 to December 9, 2014.

Reasons

1.The following facts of recognition may be found either in dispute between the parties or in each entry in Gap evidence 1 to 5 (including paper numbers) by integrating the purpose of the entire pleadings.

The plaintiff is a person who runs the business of supplying ready-mixed with the trade name of "C", and the defendant is a person who runs the construction business with the trade name of "D".

B. From September 6, 2012 to May 7, 2013, the Plaintiff supplied ready-mixed 2,972 cubic meters from the Defendant’s macro-si E and macro-si F construction site (hereinafter “E and F site”) to the Defendant’s macro-si G construction site (hereinafter “G site”) and supplied the Defendant with 503 cubic meters from April 9, 2013 to June 4, 2013.

C. The Defendant paid the Plaintiff KRW 122,970,000 from September 28, 2012 to April 17, 2013; KRW 50,000,000 on May 22, 2013; KRW 10,000,00 on June 19, 2013; KRW 14,325,600 on June 25, 2013; KRW 197,295,600 on the aggregate of KRW 14,325,600 on the part of June 25, 2013; and ② paid KRW 20,000 on the part of the ready-mixed supplied at G site around March 29, 2013.

On the other hand, around May 23, 2013, the Defendant settled the amount of the ready-mixed price to be paid to the Plaintiff regarding the E and F site where the supply of ready-mixed was completed by the Plaintiff and at the time, at KRW 24,325,600.

(On the other hand, as seen above, the Defendant’s advance payment of KRW 20,000,000 with the price for ready-mixed at G site, and the amount of the unpaid ready-mixed price calculated on the basis of the unit price for the Plaintiff’s assertion as seen below at the time of the above settlement is below KRW 303,00,000, and thus, there is no separate settlement between the Plaintiff and the Defendant on the amount of the unpaid ready-mixed price at the above site.

A. The Plaintiff’s assertion that the Plaintiff entered into a contract on the supply of ready-mixed with the Defendant, setting the unit price for ready-mixed from KRW 63,400 to KRW 96,000 per 1 cubic meter in accordance with the Standards, and at the E and F sites, the amount of KRW 201,04,40 is equivalent to KRW 34,169,00 at G site.

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