매매대금
1. Revocation of a judgment of the first instance;
2. The Defendant shall pay to the Plaintiff KRW 90,401,466 as well as the full payment with respect thereto from August 27, 2013.
The Plaintiff’s assertion by the parties is the primary cause of claim. From January 14, 2011 to April 2, 2011, the Plaintiff supplied the Defendant with electric appliances equivalent to KRW 165,554,930 in total at the construction site of Gwangju and Gwangju Factory (hereinafter “instant construction”) adjacent to the roads No. 9, Gwangju-gu, Gwangju-gu, Gwangju-gu, and the construction site of Gwangju-gu (hereinafter “instant construction”). As such, the Plaintiff received KRW 75,153,464 out of the total amount of KRW 75,153,464, the Defendant is liable to pay the Plaintiff the remainder of the price of the goods and damages for delay.
On the other hand, the plaintiff asserts that, as the plaintiff acquired F's claim for the purchase price of goods from F to F's defendant, the defendant is obligated to pay the above purchase price and the compensation for delay to the plaintiff.
As to the Defendant’s primary cause of claim, the Defendant asserts that the electrical construction among the instant construction works subcontracted to D (hereinafter “D”), E Co., Ltd. (hereinafter “E”) and F, and that the Plaintiff did not have any direct delivery of electrical appliances, and that the Plaintiff does not have any obligation to pay the price for the goods.
As to the conjunctive cause, the Defendant asserts that F’s claim for the payment of the price for the goods against F was extinguished by the repayment, since F paid the sum of KRW 207,717,500 from April 25, 201 to June 16, 2011.
In full view of the overall purport of the arguments in Gap's evidence Nos. 1 through 3, 5 through 7 (including each number; hereinafter the same shall apply), witness B and Eul's testimony as to the primary cause of the claim, the following circumstances are recognized.
According to the statement and written claim prepared by the Plaintiff, the Plaintiff stated that the Plaintiff supplied the Defendant with electric appliances worth KRW 165,554,930 in total from January 14, 2011 to April 2, 2011 in relation to the instant construction work.
The C, B, G, and J signed their respective confirmations on the shipment confirmation column under the above transaction statement.
B and C of this case.