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(영문) 대구고등법원 2015.07.09 2013나110
물품대금
Text

1. The judgment of the court of first instance is following according to the amendment of the purport of the counterclaim in the trial of the defendant (Counterclaim Plaintiff) corporation A.

Reasons

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

1. Basic facts

A. On August 16, 2010, the Plaintiff entered into a supply contract with the Defendant Company for the production and supply of waste crushing facilities and melting facilities (hereinafter “instant waste disposal facilities”) (hereinafter “instant contract”). As part of the price of supply, the Plaintiff received total of KRW 20 million from the Defendant Company on August 18, 2010 from the Defendant Company and supplied the instant waste disposal facilities to the Defendant Company on March 9, 201.

B. On January 10, 201, the installation of air preventive facilities was added to the supply price of waste disposal facilities of this case, and finally determined at KRW 435,00,000 (excluding value-added tax).

C. Meanwhile, in order to preserve the Plaintiff’s claim for the claim for the return of the price of the instant waste disposal facility against the Defendant Company following the termination of the contract against the Plaintiff, Sungwon Co., Ltd. received a provisional attachment order against the Defendant Company against the Plaintiff and the third debtor ( Changwon District Court 2011Kadan1920, hereinafter “instant provisional attachment order”). On June 1, 2011, Changwon District Court rendered a decision to rectify the Defendant B “Defendant B” to “Defendant Company” (No. 2011Kadan485).

On June 201, the Plaintiff consented to the Defendant Company’s payment of KRW 439,50,000 for the supply of the instant waste disposal facility to D (C industry management) (the final fixed amount of KRW 435,000) + KRW 43,500,000 (value-added tax) - KRW 39,000,000 (amount paid)), whichever is 256,000,000 for the supply of the instant waste disposal facility.

Accordingly, D received KRW 140,000,000 from the Defendant Company on June 16, 201.

E. On August 8, 2011, the Plaintiff paid KRW 116,000,000 (direct payment amount of KRW 256,000,000) out of the instant claim for the price of delivered goods at a water disposal facility of this case to D.

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