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(영문) 의정부지방법원 2020.11.30 2019가단105719

물품대금

Text

1. The Defendant’s KRW 15,852,056 for the Plaintiff and 5% per annum from August 18, 2018 to December 24, 2018.

Reasons

1. The party's assertion and judgment

A. The Plaintiff asserted that the Plaintiff supplied goods, such as steel plates processed to the Defendant from April 16, 2018 to August 17, 2018, and the Defendant confirmed that the price for the goods was KRW 15,852,056 on August 17, 2018.

Therefore, the defendant is obligated to pay to the plaintiff the above price of KRW 15,852,056 and damages for delay.

B. The defendant's assertion is not the plaintiff but the plaintiff's son, and the defendant was supplied with the iron plate from the plaintiff's son and used it as materials for the construction work contracted by C, and the defendant was not paid the construction price by C,

The Plaintiff agreed that the price of the goods claimed shall be deducted from the balance of the construction works when settling the balance of the construction works.

Therefore, the plaintiff's claim is without merit.

C. In light of the allegations by the parties to the determination, it is a matter of whether the Plaintiff supplied the goods for which the Plaintiff claims the price of the goods in this case (hereinafter “instant goods”) to the Plaintiff and C, and whether the Defendant and C agreed to deduct the said goods from the balance of the construction works when settling the balance of the construction works.

First of all, comprehensively taking account of the overall purport of the arguments in the statement in Gap evidence Nos. 1 through 7, the defendant signed a transaction statement stating the total sum of the details and amount of the goods supplied at the time of supply and the balance of the goods traded on the day of the previous transaction, and the balance of the goods traded on the day from April 16, 2018 to August 17, 2018. The above transaction statement is not C, but C, the Plaintiff’s trade name and name, the Plaintiff’s business registration number, and the Plaintiff’s business registration number, and the transaction statement prepared by the Defendant with the goods supplied after receiving the goods last on August 17, 2018, including the balance of the previous transaction amounts to KRW 15,17,69 and the amount of the goods supplied on the day of the previous transaction plus KRW 674,388.