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(영문) 대전지방법원천안지원 2016.08.10 2016가단116

물품대금

Text

1. The Defendant’s KRW 16,575,94 for the Plaintiff and KRW 6% per annum from August 25, 2015 to August 10, 2016.

Reasons

1. Facts of recognition;

A. The Plaintiff is a person engaged in the content processing and manufacturing business under the trade name of “C,” and the Defendant is a person engaged in construction business, such as Changho Construction, etc. in the trade name of “D.”

B. Around May 2015, the Defendant was awarded a contract for the construction cost of Changho and wall decoration construction (hereinafter “instant construction”) among the new E-construction projects located in Sejong Special Self-Governing City by the Culture and Arts Construction Co., Ltd. (hereinafter “YD Construction”) during the construction period from July 1, 2015 to August 6, 2015, with the construction cost of KRW 213,89,000 and the construction period of the instant construction works.

C. From May 28, 2015 to August 2015, the Plaintiff supplied the Defendant with construction materials, such as a total amount of KRW 4,389,040, and smoke.

The Plaintiff agreed with the Defendant to supply the Defendant with the building materials to be attached to the columns, ceilings of the said new building, and to supply them after directly measuring the site and establishing the Aluminum board in accordance with the standards.

Accordingly, on July 31, 2015, the Plaintiff supplied the Defendant with Aluminium, which is the sum of 60.58 square meters and 321 square meters on August 24, 2015, 381.58 square meters.

E. The area of Aluminium board attached to the new building in the construction site of this case is approximately KRW 267 square meters.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5, Eul evidence Nos. 2, 4 and 5 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings

2. The parties' assertion

A. On July 26, 2015, the Plaintiff asserted that he/she received a request from the Defendant for the supply of Aluminum plate, and notified the Defendant that the area is 381 square meters after the survey of the site room, and supplied Aluminum plate to the Defendant on July 31, 2015 and August 24, 2015 after obtaining consent from the Defendant. The Plaintiff agreed that the construction cost is 40,000 square meters and 40,000 square meters, and did not separately set the construction period.

Therefore, the Defendant is obligated to pay to the Plaintiff the price of KRW 21,617,464 [The price of KRW 40,000 x 40,000 x 4,389,040] x 1.1, including value-added tax, and delay damages.