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(영문) 수원지방법원 2014.11.11 2013가단82322
매매대금
Text

1. The Defendant’s KRW 58,350,00 and its amount shall be calculated by the ratio of 20% per annum from July 17, 2013 to the date of full payment.

Reasons

1. Facts of recognition;

A. On September 2010, the Plaintiff, who is engaged in steel cutting and processing business with the trade name called the instant supply contract C, entered into a contract with D, which uses the title that is the vice president of the Defendant Company representing the Defendant, to produce presses for the strawing of asphalt Lbbb, and to produce and supply three parts of steel processing machinery and equipment to the Defendant for the total of KRW 326,70,000 (one minute 108,900,000) (three parts), and to deliver one of them to the Defendant’s Incheon Factory (three parts of the three parts), and entered into a contract with the Defendant for the first portion to be supplied to the Defendant to the Defendant’s Y located in the Chungcheong Factory (the instant first supply contract), and drafted on November 30, 2010.

The Plaintiff ordered cutting, processing, etc. of raw materials to Taesan Trade Co., Ltd. in accordance with the instant first supply contract, and supplied them to the Defendant’s astronomical factory.

The Plaintiff received KRW 95,210,250 out of the supply price of the instant first supply contract from the Defendant and did not receive the remainder of KRW 13,689,750.

The above payment order was finalized after the plaintiff applied for a payment order against the defendant.

B. On January 22, 201, the Plaintiff entered into the instant secondary supply contract with D on behalf of the Defendant and the Defendant’s delivery for completion of the said machinery and equipment supplied to the Defendant’s astronomical factory at KRW 61,50,000 (hereinafter “instant secondary supply contract”) and received KRW 30,750,000 among them.

While the Plaintiff had been working on the date of production and delivery under the instant secondary supply contract, D had incurred additional costs according to the demand for design change, and upon completing the supply to the Defendant, D and additional costs on May 15, 201, the price of supply under the instant secondary supply contract was adjusted to KRW 89,100,000 on May 15, 201.

[Ground of recognition] Gap 1 through 8, 16, 17, 18, 4, 5, and D's testimony and the purport of the whole pleadings

2. Determination.

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