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(영문) 수원지방법원성남지원 2014.07.22 2013가합3558
물품대금
Text

1. The Defendant shall pay to the Plaintiff KRW 471,328,477 and the interest rate of KRW 20% per annum from April 30, 2014 to the date of full payment.

Reasons

1.The following facts of recognition are not disputed between the parties, or may be admitted in each entry in Gap evidence 1 to 5 (including branch numbers, if any; hereinafter the same shall apply) by reference to the whole purport of the pleadings:

The plaintiff is a company that aims to extract aggregate and supply business, and the defendant is a company that aims at the production, wholesale and retail business of aggregate.

B. On October 24, 2011, the Plaintiff and the Defendant entered into a contract with the Defendant on the content that the Plaintiff shall produce aggregate at the aggregate extraction site located in Mineyang City C and supply it to the Defendant, and the Defendant shall settle aggregate shipped by the Plaintiff and pay aggregate production costs by the end of each month.

(hereinafter “instant contract”). C.

The Plaintiff produced and supplied aggregate to the Defendant from March 2012 to July 2012 under the instant contract. However, the Defendant paid only part of the progress payment that occurred each month, and eventually, the Plaintiff suspended the production of aggregate and completed the said aggregate at the site of extraction of aggregate.

On July 11, 2012, when the Plaintiff withdraws, the Defendant’s employees D worked as the site manager of the above aggregate extraction site and performed overall control over the settlement of the output and production cost of aggregate supplied by the Plaintiff. D, on July 11, 2012, at the time of the Plaintiff’s withdrawal, prepared and issued a “certificate of default” to the Plaintiff that total amount of KRW 471,328,477 remain.

The amount payable at the time of receipt of the detailed statement of confirmation shall be the sum of KRW 471,328,47,477, 200 won and the sum of KRW 163,325,403 and KRW 471,328,47 on April 27, 2012.

2. According to the above facts finding as to the cause of the claim, barring any special circumstance, the Defendant is obligated to pay the Plaintiff the outstanding amount of aggregate production costs from March 2012 to June 2012, 471,328,477 won and delay damages therefrom.

3. The defendant's judgment on the defendant's defense dispute shall be aggregate at the time of entering into the first contract of this case.

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