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(영문) 수원지방법원안산지원 2017.06.28 2016가단74036

물품대금

Text

1. The Defendant shall pay to the Plaintiff KRW 25,367,00 and the interest rate of KRW 15% per annum from November 4, 2016 to the date of complete payment.

Reasons

Since the construction of the Jung-gu General Construction Co., Ltd. was awarded a contract for the B construction ordered by the Gyeonggi-do Yang-gun Environmental Business Office, it subcontracted to the defendant.

Upon the Defendant’s request, the Plaintiff supplied building materials equivalent to KRW 7,482,00 on December 9, 2015 at the same construction site; KRW 6,885,00 on December 15, 2015; KRW 11,000 on March 30, 2016; and KRW 50 on March 30, 2016.

[Ground of recognition] The defendant asserts that there is no dispute, Gap's 5-7, 12, 13, 16, and 17 evidence, the whole purport of the pleading, and the defendant's whole purport of the pleading was raised and used in government pay at the Gyeonggi-do Yangyang-gun Environmental Business Office, Gyeonggi-do, which is supported by the shock PVC error, and the defendant was not supplied by the plaintiff.

In full view of the overall purport of the pleadings in evidence Nos. 14 and 17, the Plaintiff issued a statement of transactions (Evidence No. 17) on March 30, 2016 with the person who was aware of and is supplied with the government-level at the time of the supply of internal shock PVC receiving from the above construction site as “the Gyeonggi-do E-Gun Environmental Business Office,” but as a result of confirmation of delayed payment, it can be known that the Defendant’s employee was issued a statement of transactions (Evidence No. 14) again upon receiving notification that “the Plaintiff will run at a private level other than government-grade level.” Thus, the Defendant’s assertion based on the premise that the internal shock PVC receiving was procured from the office of business in the Gyeonggi-do E-Gun Environment cannot be accepted.

Therefore, the defendant is obligated to pay to the plaintiff the total amount of 25,367,00 won (=6,885,000 won) and damages for delay calculated by the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from November 4, 2016 to the date of full payment following the delivery of the original copy of the payment order in this case. Thus, the defendant is obliged to accept the plaintiff's claim.