logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2018.03.23 2016가단20773
매매대금
Text

1. The Defendant’s KRW 40,280,00 for the Plaintiff and 6% per annum from November 19, 2016 to March 6, 2017.

Reasons

1. Facts of recognition;

A. The plaintiff is a trade name "C," and the defendant runs a wholesale and retail business of valves with the trade name "D."

B. In around 2015, the Plaintiff agreed with the Defendant on the unit price of the goods valve (BELOWS VALE) with the Defendant and provided the said valve to the Defendant.

C. Around December 2015, the Defendant requested a reduction of the unit price from August 7, 2015, on the ground that the unit price of the ballast valves is high among the goods supplied to the Plaintiff.

On December 2, 2015, the Defendant requested the reduction of the ballast valves supplied to the Plaintiff under the title “Belgium 5/5 unit price reduction unit price reduction unit”) for each business, as listed below, after reviewing the scenarios and replys as follows:

Since all the products currently in progress are scheduled to proceed after determining unit price, it shall be deferred from work.

‘Written sent by facsimile the document’.

product storage by NEGO 20K 20K 15A 250,000 180,000 GLBE 20 K 25A 300,000,000 200,000 GLBE 20K 32A 350,000,000 20,000

D. Since then, the Defendant agreed to deduct the amount reduced in the unit price of the ballast valves from the price of goods to be paid to the Plaintiff in three installments, and paid the remainder of goods after deducting the amount of KRW 14,769,33 on December 14, 2015, KRW 14,769,332 on December 14, 2015, KRW 14,769,332 on December 31, 2015, and KRW 14,769,334 on February 1, 2016.

E. On July 7, 2016, the Plaintiff sent to the Defendant a certificate of content requesting the Defendant to pay the balance of KRW 44,307,99 as soon as possible.

[Reasons for Recognition] Gap 1 to 3, Eul 1, 3, 4, 5, 6, 12, witness E's testimony, and the purport of the whole pleadings

2. Assertion and determination

A. The Plaintiff’s assertion 1) The Plaintiff supplied the Defendant with the ballast valve, etc. by January 2016, and was not paid KRW 40,280,00, out of the price of the goods. As such, the Defendant is obligated to pay the price of the goods to the Plaintiff. 2) The Defendant’s assertion that the Defendant provided the Plaintiff is too high in the unit price of the goods of the ballast valve supplied to the Plaintiff.

arrow