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(영문) 서울남부지방법원 2016.02.05 2015가합103488
물품대금
Text

1. The Defendant shall jointly and severally pay to the Plaintiff KRW 219,903,317 as well as the full payment from August 1, 2015.

Reasons

1. Determination as to the cause of claim

A. According to the purport of Gap evidence Nos. 1, 2-1 to 4, and 3-1 to 7, the following facts are acknowledged.

1) The Plaintiff Company B (hereinafter “B”)

(B) A steel re-supply contract is entered into with B and KRW 90,340,711 (including value-added tax; hereinafter the same shall apply) on September 2, 2014 and September 3, 2014.

(2) From September 15, 2014 to September 30, 2014, steel products equivalent to KRW 371,007,183 were supplied with steel products; amounting to KRW 122,215,357 on October 1, 2014; amounting to KRW 1,627,560 on October 31, 2014; amounting to KRW 40,286,285 on October 31, 2014; amounting to KRW 373,257,787; amounting to KRW 207,575 on the remainder of the total amount of the total amount of the steel products; and amounting to KRW 30,575 on October 21, 2014; amounting to KRW 20,570 on the outstanding amount of the said product; and the Defendant paid the remainder of the outstanding amount to KRW 30,571,270; amounting to KRW 30,570.20.7

3B delivered by endorsement to the Plaintiff for the payment of KRW 300,000,000 to the Plaintiff was refused on December 25, 2014.

Since then, B and C repaid each of the Plaintiff KRW 40,00,000,000 on March 20, 2015, KRW 270,000,000 on April 14, 2015, and KRW 100,000 on July 31, 2015.

B. According to the above facts, the defendant is jointly and severally liable to pay to the plaintiff KRW 573,257,787 as well as KRW 273,257,787 as from November 27, 2014; KRW 300,000,000 per annum as from December 26, 2014 to the date of full payment; and as long as there is no evidence to prove that the agreement between the plaintiff and Eul and the plaintiff on appropriation for payment has been reached, the defendant is obligated to pay the plaintiff KRW 40,00,000 paid as of March 20, 2015; KRW 270,00,000 paid as of April 14, 2015; and KRW 30,000,000,000 paid as of July 26, 2015.

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