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(영문) 청주지방법원 2017.08.24 2016가단19381

물품대금

Text

1. The Defendant shall pay to the Plaintiff KRW 25,527,100 and the interest rate of KRW 15% per annum from December 15, 2016 to the date of full payment.

Reasons

1. The parties' assertion

A. The plaintiff's assertion supplied materials, such as satisfy, to the defendant via the non-party corporation Geumsung SPS industry (hereinafter "non-party corporation"), at the defendant's request, but did not receive the material price stated in the purport of the claim. Thus, the plaintiff's claim is sought.

B. The defendant's assertion is merely a supply of materials from the non-party company, and there is no supply of materials from the plaintiff, so it cannot respond to the plaintiff's claim.

2. Determination

A. Comprehensively taking account of each description of evidence Nos. 1 through 8 (including each number) and the purport of the entire pleadings in witness B’s testimony, the Plaintiff is a company which distributes heat and sti pumps, etc., and upon the Defendant’s request, the Plaintiff issued materials to the non-party company located in the construction site in the construction site in the construction site in the construction site between February 2, 2016 and March 2, 2016. The non-party company supplied materials directly to the Defendant under the Plaintiff’s order and received the payment from the Plaintiff. However, it is recognized that the Defendant paid only KRW 5,00,000 to the Plaintiff on December 2, 2016.

B. According to the above facts of recognition, the defendant is obligated to pay the unpaid materials supplied by the plaintiff through the non-party company.

Therefore, the Defendant is obligated to pay the Plaintiff the unpaid material price of KRW 25,527,100 ( KRW 30,527,100 - KRW 5,000,000) and damages for delay calculated by adding the rate of 15% per annum from December 15, 2016 to the day of full payment, which is the day following the delivery of the original copy of the instant payment order.

3. In conclusion, the plaintiff's claim of this case is reasonable, and it is so decided as per Disposition.