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(영문) 서울중앙지방법원 2016.11.16 2015가단5097899
매매대금
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 50,852,120 to the Plaintiff (Counterclaim Defendant) and its related amount from April 24, 2015 to November 16, 2016.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. The facts as follows: (i) On March 17, 2014, the Defendant divided into KRW 97,000,000,000, total of KRW 170,000,000 for the primary construction cost, and KRW 267,00,00,000 for the secondary construction cost; and (ii) concluded that the aforementioned removal cost and the scrap metal removed by the Defendant from the Plaintiff for the purchase of KRW 400,000 per ton of the unit cost of scrap metal (hereinafter “Agreement 1”).

D. However, as the unit price of the scrap metal drops, the part of “400,000 won per ton of the Plaintiff” was deleted on June 16, 2014 (the date of the contract was written on March 17, 2014) and the cost of selling the scrap metal was calculated by applying the sales unit price approved by the ordering person to the net weight, and the volume of the scrap metal is calculated by applying the sales unit price approved by the ordering person to the net weight, and the volume of the scrap metal is based on the maximum net weight in the neighboring company A’s approved neighboring company, and if the other party to the contract submits the average scrap metal unit price to the ordering person after the completion of the construction, the ordering person shall obtain approval for the sale unit price after identifying the surrounding taxes, etc. (hereinafter “instant agreement”).

In addition, on June 16, 2014, on the date of the second agreement, only the first construction on June 16, 2014, the unit price of the scrap metal sale was reduced to 300,000 won due to a decline in the market price, and the Defendant agreed to pay the penalty to the Plaintiff, who is the ordering person, when the contract is terminated so that the second construction works can be performed clearly.

Secondly, the actual weight of scrap metal sold by the Plaintiff to the Defendant is 900.955 tons, and the secondary construction cost payable by the Plaintiff to the Defendant is 187,00,000 won.

In relation to the price of scrap metal, the defendant sold at least 260,000 won per ton of scrap metal on October 20, 2014 to B, by selling at least 270,000 won per ton of the scrap metal, and C sells at least 260,000 won per ton of the scrap metal. The status of the Class A scrap metal is to trade at least 260,000 won per ton of the scrap metal and 220,000 won for Class B scrap metal.

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