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Reasons
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(영문) 수원지방법원 2019.04.04 2018가단542126
물품대금
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1. The Defendant’s KRW 53,179,033 as well as 5% per annum from August 17, 2018 to April 4, 2019 to the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff is a company that engages in the business of processing non-ferrous metal products, and the Defendant is a company that engages in the business of manufacturing content and steel structure, exhibition, and event agency business.

B. On July 2017, the Defendant entered into a contract with the Plaintiff to process and supply goods (hereinafter “instant goods supply contract”) in order to supply them to the Pyeongtaek Olympic Winter Games (hereinafter “the instant goods supply contract”). If the Plaintiff issued a tax invoice after the closing of the month by the end of the month in which the Plaintiff supplied the goods, the Defendant has been engaged in the transaction by the method of settlement as of the end of the following month.

C. The Defendant paid to the Plaintiff the total amount of KRW 250,000,000 as follows.

The aggregate amount of the deposit date 1,200,000 won on August 14, 2017 30,000,000 won on September 22, 2017, 2017 80,000,000 won on September 20, 2017 80,000,000 won on October 31, 2017 31, 20,000,000,000 won on December 50, 200,000,000 won on December 29, 2017 41, 200,000 won on December 1, 2018, 200,000 won on KRW 150,00,000,000,000 on KRW 1,50,000,000 on June 30, 2008;

D. On April 27, 2018, the Plaintiff and the Defendant agreed to reduce the sampling cost by 50%, and to deduct the labor cost equivalent to the cost of employing 10 human resources for 10 days for the repair of goods, at a meeting relating to the instant commodity supply contract.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 6 through 15, Eul evidence 1, the purport of the whole pleadings

2. The assertion and judgment

A. According to the evidence revealed earlier, the Plaintiff is obligated to pay to the Plaintiff the amount of KRW 318,880,698 from August 2017 to November 14, 2017, and the Plaintiff is a person who received KRW 250,000 from the Defendant for the purchase of goods. Thus, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff the amount of KRW 68,880,698 under the instant contract for the supply of goods (= KRW 318,880,698 - KRW 250,000) and damages for delay.

On this basis, the defendant has to supply the goods.

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