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(영문) 수원지방법원 2018.10.11 2017가단527649
물품대금
Text

1. The defendant is based on the ratio of KRW 168,357,940 to KRW 15% per annum from August 17, 2017 to the full payment.

Reasons

1. Determination on the cause of the claim

A. (1) Party’s assertion (1) The Plaintiff, a company that manufactures and sells “LED lighting equipment” used for the lighting of the Plaintiff’s alleged residence, office, and commercial building, supplied the Defendant with “LED official lighting equipment” and “LED lighting equipment”, which are parts included in the LED lighting equipment, as part of the number of KRW 937,283,481 from December 1, 2015 to April 6, 2017, were paid from the Defendant as the price for the goods by account transfer, etc.

On the other hand, the Plaintiff purchased a part of “LED lighting equipment” equivalent to KRW 362,439,330 from the Defendant and bears the obligation to pay for the goods.

Therefore, the Defendant is obligated to pay to the Plaintiff the total price of goods KRW 406,486,211, and the remainder amount of KRW 362,439,330, which the Plaintiff bears against the Defendant, 168,357,940 (=937,283,481,-406,486,211-362,439,330).

(2) Of the goods cost of KRW 937,283,481, the Defendant alleged by the Plaintiff, the total amount of KRW 228,384,750 (=48,024,90 ( January 1, 2017) incurred after January 2017) is equivalent to KRW 67,168,750 ( February 2, 2017) ( KRW 97,183,900 ( March 2, 2017) ( KRW 16,007,200 ( April 2017)) of the goods cost of KRW 937,283,481), and there is no fact that there was no supply contract between the Plaintiff and the Defendant for goods equivalent to the above amount.

Therefore, the plaintiff cannot respond to the claim of this case.

B. (1) In light of the following circumstances acknowledged by comprehensively taking account of the respective statements in Gap evidence 1 through 9 and the overall purport of the pleadings, the "person supplied" among the plaintiff and the defendant around December 2015, and the "person provided" by the employees of the non-party E (D, F, etc.) of the non-party corporation is based on the order sheet (Evidence A2 and Evidence A7) entered as the defendant.

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