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(영문) 서울동부지방법원 2018.02.07 2016가단14257

동산인도

Text

1. The defendant shall pay 36,876,600 won to the plaintiff and 15% per annum from July 6, 2017 to the day of full payment.

Reasons

1. Supply of materials and the defendant's execution;

A. On July 23, 2015, the Plaintiff was awarded a contract for the YTN Seoul Construction Co., Ltd. (hereinafter referred to as “Co., Ltd.”), and subcontracted the YTN remodeling project to the Defendant during the said construction project. In the subcontract, the Plaintiff supplied aluminium materials necessary for the Defendant’s construction project, but the Defendant agreed to assume the responsibility.

B. The aluminium material is supplied with the materials in the form of Zine in accordance with the order of the order, and the piracy is made of the materials required for the Defendant’s work and is supplied with certain specifications, the Defendant has cut or dried up them.

C. The sinus zinium materials supplied by the Plaintiff to the Defendant are 19,550 g in total as follows:

(hereinafter referred to as "materials, unless there is a special distinction between them, the expression "materials" is deemed to refer non-satiscinary aluminium materials. On October 11, 2015, October 22, 2015, 201, October 3, 2015, 3, 137kg, 3rd November 4, 2015, 4th November 4, 2015, 3rd 4th 219kg, 6.3, 896 gg, 5th 187 gg on November 1, 2015.

D. The Defendant constructed 13,158 g of them, and the Plaintiff recognized 799 g as scrap.

On March 11, 2016, the East International lecture sent to the Plaintiff a content-certified mail (Evidence A No. 9) to the effect that the supply of widest materials of the foregoing secondary quantity 316km and the order constitutes scrap, which is unnecessary. On February 8, 2017, the same content-certified mail (Evidence A 15) was sent again to the Plaintiff.

79kg recognized by the Plaintiff as scrap scrap seems to refer to 799kg confirmed by the East International lecture as above.

E. One square meter of Aluminium material is approximately 8.19 km, and the Plaintiff was supplied with KRW 54,00 per 1 square meter of the material.

[Ground of recognition] A without dispute, Gap evidence 2, 3, 9, 15, Gap evidence 18-1, 2, Gap evidence 19-1 through 7, Eul evidence 3 and 9, and the purport of the whole pleadings.