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(영문) 광주지방법원 2017.08.18 2015재나193

물품대금

Text

1. The defendant's petition for retrial is dismissed;

2. The costs of retrial shall be borne by the defendant.

Reasons

The Plaintiff filed a lawsuit against the Defendant and C Co., Ltd. seeking payment of the construction material price (Yongju District Court Decision 2013Gaso2898). On November 19, 2014, the said court was sentenced to dismissal of the judgment (the first instance judgment).

The Plaintiff appealed against the judgment of the first instance court and filed an appeal with the Gwangju District Court 2014Na13842. On August 12, 2015, the appellate court rendered a judgment that “The part of the judgment of the first instance is revoked. The Defendant shall pay to the Plaintiff 16,181,670 won and interest calculated at the rate of 6% per annum from September 1, 2012 to October 30, 2013 and 20% per annum from the next day to the date of full payment.” The above judgment became final and conclusive as of September 8, 2015.

[Ground of recognition] Fact that there is no dispute, and the defendant's argument to the purport of the whole argument that the judgment subject to a retrial by the court of appeal was a evidence of the judgment, and D became final and conclusive after having been prosecuted for perjury against false statements, there is a ground for retrial under Article 451 (1) 7 of the Civil Procedure Act in the judgment subject to a retrial.

Judgment

The judgment subject to the judgment subject to the judgment is based on fact-finding evidence Nos. 4, 5, Eul evidence No. 1, and Eul evidence No. 4, and the purport of the entire pleading in testimony of the witness witness D. The defendant requested the plaintiff on May 2012 to supply the construction materials necessary for the instant construction work, and "on June 2012, the plaintiff visited the plaintiff's store to supply the construction materials to the construction site of this case, he would be responsible for him as the owner and settle the cost of the materials." Even if the plaintiff's employee D had delivered the construction materials to the construction site of this case on July 8, 2012, "the cost of materials is responsible for the payment of the materials", and only the good goods certified by KS should be supplied to the plaintiff at the construction site of this case.