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(영문) 수원지방법원 2018.06.20 2017나69816

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

1...

Reasons

1. Basic facts

A. The Seodaemun-gun General Construction Co., Ltd. awarded a contract for B construction ordered by the Gyeonggi-do Yangyang-gun Environmental Business Office to the Defendant.

B. Upon the Defendant’s request, the Plaintiff supplied construction materials equivalent to KRW 7,482,00 at the above construction site on December 9, 2015, the construction materials equivalent to KRW 6,885,00 on December 15, 2015, and the construction materials equivalent to KRW 11 million on March 30, 2016 (50).

[Reasons for Recognition] Facts without dispute, Gap 5 through 7, 12, 13, 16, 17, the purport of the whole pleadings

2. According to the above facts finding as to the cause of the claim, the Defendant is obligated to pay the Plaintiff a total of KRW 25,367,000 (i.e., KRW 7,482,885,000, KRW 11,000) and damages for delay calculated at the rate of 15% per annum under the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from November 4, 2016 following the delivery of the original copy of the instant payment order to the date of full payment.

3. Judgment on the defendant's assertion and the defense of offsetting

A. The defendant's argument and the offset defense are as follows: 50 of the 50 load PVC error received from the defendant, and the defendant, a subcontractor, ordered the plaintiff as government-funded materials at the establishment of the environment of Yangyang-gun, and the defendant, a subcontractor, received them at the site. Thus, both Pyeongtaek-gun Environmental Business Office is liable to pay the price of goods, and the defendant does not

If the Plaintiff’s claim claim is acknowledged, the Plaintiff’s claim amount is set off against the Plaintiff’s claim amount, as it received KRW 3,427,234 in the distribution of dividends in the Suwon District Court, on June 28, 2017, when the enforcement procedure on the above claim was commenced and the instant claim was pending.

B. Determination as to the assertion that the Seongbuk-gu Environmental Business Office bears the obligation to pay the price.