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(영문) 서울중앙지방법원 2019.07.11 2018나76097
물품대금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

purport.

Reasons

1. On November 30, 2016, the Defendant ordered two new construction works of Asan E (hereinafter “instant new construction works”) for KRW 50,000,00 for the price of KRW 550,000. The F Company was entering into a subcontract for the said construction works with D and the construction was followed by C running G Company from April 13, 2017.

From February 8, 2017 to April 13, 2017, according to the Defendant’s argument that the sum of KRW 40,115,460,00 in the construction site of the instant new construction project at the instant construction project site is larger than the sum of KRW 41,372,10,00,000. The difference is due to the fact that the unit price applied by the Plaintiff was lower than the unit price reflected by the Defendant. The amount of supply claimed by both parties is the same, and the difference does not affect the conclusion of the instant case. Thus, the Plaintiff’s assertion is recognized according to the Plaintiff’s salesperson.

The F Company paid KRW 31,053,00 to the Plaintiff on March 22, 2017. Of them, KRW 6,145,480 was appropriated for the supply price of KRW 6,145,480 (==122,260 on February 15, 2017 + + KRW 394,020 on February 20, 201 + + KRW 200 on March 22, 2017) other than the instant construction site.

On March 22, 2017, the payment of the price was completed, and C was about April 17, 2017, immediately after C had followed the construction site, and the unpaid ready-mixed price of F Company was KRW 15,207,940.

The F Company paid the Plaintiff the price of the unpaid ready-mixed by June 30, 2017.

On April 2017, the Plaintiff agreed to supply ready-mixeds to be used in the above order to C at the construction site as “payment at the end of the following month after the end of the settlement period.” On the same day, the Defendant signed the joint guarantor column of the order as stipulated in the terms and conditions of the contract, and entered “private million won” in the highest amount column of the guaranteed obligation.

According to the Defendant’s assertion of KRW 15,598,550 in total from April 18, 2017 to May 26, 2017, the Plaintiff is larger than the amount of KRW 16,483,170 in 251 cubic metres. The difference is the unit price applied by the Plaintiff.

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