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(영문) 대전지방법원홍성지원 2020.11.27 2020가단681

자재대금 등

Text

The defendant shall pay to the plaintiff KRW 30,000,000 as well as 6% per annum from February 1, 2018 to January 28, 2020 and from the next day.

Reasons

1. Facts of recognition;

A. The Plaintiff is a company that runs a panel, retail business, and the Defendant (mutual D Co., Ltd. prior to the change) is a company that runs the meat processing and storage business.

B. On December 1, 2017, the Defendant entered into a contract for the construction work of the building project of the building site of the E and the steel frame, with the construction cost of KRW 2.5 million. On January 6, 2018, the Defendant entered into a written consent on the direct payment of materials (hereinafter “instant agreement”) with the Plaintiff who supplied the building team, etc. to E Co., Ltd. (hereinafter “E”).

The amount of the material price of the material price in direct not paid: the scheduled date for payment of KRW 65,40,000 (including additional tax): January 31, 2017, in light of the timing for preparation of the above documents, the year 2017 seems to be written in writing in 2018.

The Plaintiff’s settlement account: In the course of implementing the Plaintiff’s agricultural bank account, the Defendant, the Supplier, promises to pay the material price to the Defendant, the material supplier, within the above commitment period, and confirms and agrees to assume all the legal responsibilities at the time of non-performance.

C. On January 5, 2018 and January 15, 2018, the Plaintiff supplied materials worth KRW 65.4 million at the Defendant’s construction site, and was not reimbursed part of the price from E, and was not reimbursed KRW 30 million at the present.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 4 and 5, and the purport of the whole pleadings

2. Determination as to the cause of action

A. According to the above facts, the Defendant agreed to pay the Plaintiff the materials price directly on January 6, 2018, and barring any special circumstance, barring any special circumstance, the Defendant is obligated to pay the Plaintiff the unpaid materials price of KRW 30,000,000 and damages for delay calculated at the rate of 6% per annum prescribed by the Commercial Act from February 1, 2018 to January 28, 2020, and 12% per annum prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the following day to the date of full payment.

B. The defendant's assertion and judgment 1 did not state the agreement of this case to the plaintiff, but E did not state it.