beta
(영문) 서울남부지방법원 2015.10.13 2015가단40931

물품대금

Text

1. The Defendant’s KRW 74,400,00 and the Plaintiff’s annual rate of KRW 5% from June 1, 2015 to June 30, 2015.

Reasons

On September 20, 2014, the Plaintiff entered into a contract for the supply of materials (hereinafter “instant contract”) with the Defendant during the period of supply from September 20, 2014 to October 20, 2014, with the contract amount of KRW 220,00,00 (including value added tax, and the final amount reduced). The Plaintiff supplied the materials ordered by the Defendant under the instant contract to the extension site A, i45,60,000, out of the price of the goods under the instant contract, and the Defendant paid KRW 145,60,000 to the Plaintiff, and the remaining KRW 74,40,00,000, out of the price of the goods under the instant contract, is not in dispute between the parties or by June 30, 2015, it can be recognized by comprehensively taking into account the purport of the entire arguments in subparagraphs 1 through 4.

Thus, the defendant is obligated to pay to the plaintiff 74,400,000 won for unpaid materials and delay damages calculated at each rate of 5% per annum under the Civil Act from June 1, 2015 to June 30, 2015, which is the day following the date of the payment order of this case, and 20% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment.

(B) The Defendant asserted that the Plaintiff could not pay the material price to the Plaintiff due to embezzlement and breach of trust of a person in charge at the construction site B. However, such circumstance does not constitute a legitimate ground for refusing the Plaintiff’s claim. Thus, the Plaintiff’s claim of this case is reasonable, and it is so decided as per Disposition.