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(영문) 대구지방법원포항지원 2014.09.15 2013가합2172

물품대금

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. On July 2013, the Plaintiff entered into a contract for the removal of “D factory” in the Nam-gu Seoul Metropolitan Government, Nam-gu, Nam-si, Inc. through B.

B. From August 3, 2013 to October 14, 2014 of the same year, the Defendant collected scrap metal, steise lease, aluminium, etc. generated at the site of the removal of “D factory” construction work.

C. The Defendant paid KRW 88,641,157 in total to the Plaintiff with the price for scrap metal, steinty, and aluminium collected by oneself, and remitted KRW 51,091,100 to the E’s account as the wife B.

[Reasons for Recognition] Facts without dispute, entry of evidence No. 1, testimony of witness B and purport of the whole pleadings

2. Determination as to the cause of claim

A. The Plaintiff’s assertion 1) From August 3, 2013 to October 14, 2010 of the same year, the Plaintiff supplied the Defendant with scrap metal, steise lease, and aluminium equivalent to KRW 165,00,00 (including value added tax). Since the Defendant paid only KRW 88,641,157 out of the above amount and did not pay the remainder, the Defendant is obligated to pay the Plaintiff the remainder amount of KRW 76,358,843 and delay damages therefor. 2) The Defendant asserted that the Defendant entered into a contract with the Plaintiff on the supply of scrap metal, steise lease, and aluminium generated at the site of removal, and collected at the construction site from August 3, 2013 to October 14, 2013, the Defendant did not collect at least KRW 136,390,480,000 from the above amount.

B. As to whether the value of scrap metal, steisece, and aluminium collected by the Defendant is equivalent to KRW 165,00,000,00, the fact that the testimony of the witness F alone exceeds KRW 136,349,80,00, and exceeds KRW 165,000,000, as alleged by the Defendant, the testimony of the Plaintiff was supplied to the Defendant.