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(영문) 부산지방법원 2019.08.29 2018가단322971
물품대금
Text

1. The Defendant’s KRW 31,534,230 as well as 15% per annum from July 11, 2018 to May 31, 2019 to the Plaintiff.

Reasons

1. Facts of recognition;

A. On October 2017, the Plaintiff entered into a contract with the Defendant for the supply of goods to be paid in mutual consultation (hereinafter “instant contract 1”) by setting the contract amount of KRW 66,000,000 (including value-added tax) and the contract period from October 20, 2017 to November 30, 2017 with respect to the new construction site of the Kimpo-si E-si, Kimpo-si. However, the Plaintiff supplied the system air conditioners to the Plaintiff at the time of the indoor shipment, and the payment for the completed portion once is made by paying the interior machine price (including joint and divided institutions) at the time of the indoor shipment, and the balance is to be paid in mutual consultation (hereinafter “instant contract 1”).

B. On November 2017, the Plaintiff entered into a contract with the Defendant for the supply of goods (hereinafter “instant contract”) under which the Plaintiff will pay for the payment of the price of KRW 186,794,00 (including value-added tax) with respect to the new construction site of H Hospital located in the North-gu Busan Metropolitan City during the contract period from October 18, 2017 to March 31, 2018, and the Plaintiff will supply the system. The first progress payment is paid for the interior machine, electric exchange machine, and KRW 20,00,000 at the time of indoor shipment, and the balance is, in principle, based on the payment of the original contractor’s base value, according to mutual agreement (hereinafter “instant contract”).

C. From November 3, 2017 to April 25, 2018, the Plaintiff supplied a sum of KRW 216,534,230 in connection with the instant contracts to the Defendant. The Plaintiff paid KRW 20,000,000 to the Defendant for the total amount of KRW 10,000 on November 30, 2017, and KRW 10,000,000 on February 2, 2018, and KRW 10,000,000 on February 8, 2018, and KRW 15,00,000,000 on April 2, 2018, and KRW 16,00,000,000 on May 16, 200,000,000 on May 10, 208,000,000 on June 30, 2008, etc.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 7, Eul evidence No. 9, the purport of the whole pleadings

2. According to the above facts finding as to the cause of the claim, barring any special circumstance, the defendant shall pay to the plaintiff 31,534,230 won (=216,534,230 won - 185,00,000 won) as the price for the goods under the contract Nos. 1 and 2 of this case and the payment order of this case.

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