물품대금
1. The part against the defendant in the judgment of the first instance shall be revoked;
The plaintiff's claim corresponding to the above cancellation part.
1. The facts falling under each of the following subparagraphs of basic facts are not disputed between the parties, or may be acknowledged in full view of the whole purport of pleadings in each of the statements in Gap evidence 1 through 5, 7 through 30, 32, Eul evidence 1, 3, 4, 6 through 10 (including branch numbers; hereinafter the same shall apply).
[1] The Plaintiff, as a part-time corporation, has a “Al-Faiha Common Ltd.” (Al-Ltd.) as a branch, which is a part-time corporation, engaged in commercial brokerage, construction materials business, etc.
(hereinafter referred to as the “Plaintiff branch”). The Defendant, as a juristic person of the Republic of Korea, engaged in civil engineering and construction works, etc., carried out apartment construction works in the area of Libybya and Mibya.
The plaintiff branch received the order from the defendant and supplied concrete additives to the above apartment construction site from around 2010.
The Plaintiff branch did not prepare a separate contract for the supply of goods with the Defendant, supplied goods to which the Defendant’s order was issued, and the price for the goods was paid in Libya or US US dollars.
On February 28, 2011, the Defendant suspended the construction work of the apartment, and was removed from the Libybya on February 28, 2011.
[2] On April 15, 2011, the Plaintiff and the Plaintiff’s branch issued a notice of assignment of claims to the Defendant of the Plaintiff’s branch to the effect that it notifies the Defendant that the Plaintiff accepted the Plaintiff in order to facilitate the current status of Libya and the recovery of claims.
On May 2, 2011, Plaintiff E visited the Defendant and met the Defendant’s employee F, and on June 2, 2011, F sent to F an e-mail stating that “The balance of the price that the Defendant provided at the time of visiting the Defendant’s office on May 12, 2011 is 190,030 Rivia by the end of December, and if the balance is added to the price of the goods (F/37/11, F/39/11) in January 201, the total balance is 213,530 Rivia, and thus, a request is made to pay the unpaid balance as soon as possible.”
F or the defendant.