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(영문) 광주지방법원 2016.09.06 2015가단47155

물품대금

Text

1. The Defendant shall pay to the Plaintiff KRW 50,620,640 and the interest rate of KRW 15% per annum from January 8, 2016 to the date of complete payment.

Reasons

1. Basic facts

A. From around around 2006 to October 31, 2012, the Plaintiff supplied the Defendant with materials, such as painting and painting, with the trade name “B”.

B. The Defendant failed to pay some of the material prices even after being supplied with the materials by the Plaintiff, and if based on the specification of transactions submitted by the Plaintiff, the total amount of the material prices that were not paid as of January 1, 201 is KRW 52,361,130, and the total amount of the material prices that were not paid as of January 1, 2012 is KRW 50,924,410, and the total amount of the last material prices that were not paid as of December 31, 2012 is KRW 50,620,640.

[Ground of recognition] Facts without dispute, Gap 2, 3, 6, 11, 12, each entry

2. According to the above facts finding as to the cause of the claim, the Defendant is obligated to pay to the Plaintiff the amount of KRW 50,620,640, and damages for delay calculated at the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from January 8, 2016 to the day of full payment, based on the Plaintiff’s claim for the amount of KRW 50,620,640 payable to the Plaintiff,

3. The defendant's assertion

A. In the case of KRW 50,924,410 (1) of each mutual damage reduction agreement, (a) the claim in the first reply was made on January 1, 2012 for the total amount of KRW 50,924,410, which was incurred in relation to the amount of unpaid materials before January 1, 2012, C, and there was an agreement that the Defendant would supply the materials and jointly distribute the amount of the construction cost and the amount of the materials paid by C by the Defendant after performing the construction work.

Therefore, on September 201, 201, the Plaintiff received the payment of the material cost of KRW 25 million as a promissory note in the name of the said C, and thereafter received the payment of the amount of the promissory note after which the payment was made on February 15, 2012, but did not pay it as C’s default.

Accordingly, the defendant was not paid labor expenses from the above C at all. Accordingly, the plaintiff and the total amount of the goods unpaid before January 1, 2012 is 50,924.