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(영문) 인천지방법원부천지원 2015.07.22 2014가단47315
물품대금
Text

1. On the Plaintiff (Counterclaim Defendant),

A. Defendant (Counterclaim Plaintiff) Co., Ltd.: KRW 51,187,605 and its amount on November 6, 2014.

Reasons

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. Facts of recognition;

A. On February 18, 2014, the Defendant Company received a contract for the construction of Aluminium Complex Panel (part of the construction of a new urban-type residential complex building (D site) located in Geumcheon-gu Seoul Metropolitan Government for the cost of KRW 1,241,779,500 for the construction of a new urban-type residential complex building (D site), and subcontracted the processing of the panel to be attached to the Plaintiff at that time.

B. From May 31, 2014 to September 16, 2014, the Plaintiff processed a panel of the Defendant Company, which was dried with the Defendant Company, in compliance with the Defendant Company’s requirements, and supplied it to the Defendant Company.

C. At the time of the above last delivery date, the Defendant Company subcontracted the multiple panel processing work to the Plaintiff from before the above D on-site prior to the above D on-site, and the Plaintiff was paid the subcontract price at a multiple times after the said D on-site subcontracting. The most of the price was appropriated to the previous subcontract price (E or F on-site related price) and was merely part of the amount appropriated to pay the subcontract price related to the D on-site.

On September 4, 2014, Defendant B, the representative of the Defendant Company, agreed to pay 50,450,000 won to the Plaintiff jointly and severally with the Defendant Company for the supply price unpaid until September 4, 2014.

[Ground of recognition] Facts without dispute, Gap 1-5, 10 evidence, Eul 15 evidence (including provisional number), the purport of the whole pleadings

2. Determination

A. According to the above facts of recognition, the defendant company is obligated to pay 51,187,605 won to the plaintiff, and the defendant Eul is jointly and severally liable to pay 50,450,000 won out of the above processing amount to the plaintiff.

B. As to this, the Defendants asserted that the amount equivalent to KRW 54,912,679 against the Plaintiff of the Defendant Company is offset against the amount equal to the Plaintiff’s above processing cost claim against the Defendants. At the same time, the Defendant Company is a counterclaim.

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