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(영문) 전주지방법원 2017.06.13 2016가단15442

물품대금

Text

1. The Defendant’s KRW 21,009,450 for the Plaintiff and KRW 5% per annum from February 1, 2016 to May 11, 2016.

Reasons

1. On January 11, 2016, the fact that the Plaintiff entered into a ready-mixed supply contract with the Defendant on or around January 16, 2016 and around January 22, 2016, supplied ready-mixed equivalent to KRW 21,009,450 in total to the Defendant is recognized by comprehensively taking account of the overall purport of the pleadings in the items in subparagraphs A through 3 and A evidence No. 5.

According to the above facts of recognition, the defendant is obligated to pay to the plaintiff 21,009,450 won for ready-mixed and damages for delay calculated at the rate of 5% per annum prescribed by the Civil Act from February 1, 2016 to May 11, 2016, the delivery date of the original copy of the payment order in this case, and 15% per annum prescribed by the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the date of full payment.

2. Judgment on the defendant's argument

A. The main point of the Defendant’s assertion that the comprehensive construction of Boban Construction Co., Ltd. exempted the Defendant from liability for the payment of the instant ready-mixed.

B. We examine whether the construction of Boba Construction Co., Ltd. exempted the obligation of the payment of the instant ready-mixed, and there is no evidence to prove that the Plaintiff consented to or consented to it (the full purport of the argument in the evidence No. 6 above is that the construction of Boba Construction Co., Ltd. seems to have been very poor at the time of the Defendant’s assertion as at the time of the exemption of the obligation of the payment of the instant ready-mixed, and there is no reason to believe that the construction of Boba Construction Co., Ltd. has consented to or consented to the acceptance of the obligation of the payment of the instant ready-mixed, with the exemption of the obligation of the payment of the instant ready-mixed, and the testimony of the witness A is insufficient to acknowledge it, and there is no other evidence to prove it otherwise.

Therefore, the defendant's above assertion is without merit.

3. In conclusion, the plaintiff's claim is justified and it is so decided as per Disposition.