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(영문) 수원지방법원평택지원 2020.10.13 2020가단3869

음식대금 등

Text

The defendant shall pay 68,821,500 won to the plaintiff and 12% per annum from July 11, 2020 to the day of complete payment.

Reasons

1. According to the overall purport of Gap evidence Nos. 1 through 4 and Eul evidence Nos. 2 and the argument as to the cause of the claim, the plaintiff sent a notice to the plaintiff on April 7, 2020, stating that the plaintiff provided meals to E (hereinafter "E") from around September 2019 to the person and employees of the above construction site from the Incheon Regional Government Procurement Office, which received the "D School Teachers Construction Project" from the plaintiff's subcontractor. Since September 2019, the plaintiff suspended the provision of meals on the ground of the non-payment of food supply of E, and the defendant sent the plaintiff a notice to the plaintiff on April 7, 2020, stating that the plaintiff provided meals to E by April 20, 202.

The above facts are as follows: (a) according to the contents of the “Notice” (Evidence A) sent by the Defendant to the Plaintiff on April 7, 2020, it is interpreted that the Defendant would pay all unpaid food for the subcontractor; (b) it does not be interpreted that the Defendant would pay only food expenses incurred until April 7, 2020 by sending the above notice among unpaid food expenses; (c) the Plaintiff would have not provided additional meals to E without guaranteeing that the Defendant, the contractor, would bear all the food expenses of the said company in the situation where the Plaintiff had already failed to provide food expenses; and (c) the Defendant had a considerable interest in the completion of the construction work by the subcontractor; and (d) the Plaintiff could cause the Plaintiff to complete the construction work by continuously providing meals to the Plaintiff, and thus, it is recognized that the Defendant paid all unpaid food expenses to the Plaintiff.

Therefore, unless there are special circumstances, the defendant is given the evidence and the defendant.