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(영문) 인천지방법원 2018.09.06 2017나7958

물품대금

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. The plaintiff has completed business registration under the trade name of "C" and is engaged in the manufacturing business, and the defendant is a company that conducts construction business, etc.

B. On February 28, 2014, the Defendant entered into a subcontract with E engaging in construction business with the trade name “D,” whereby the Defendant subcontracted “establishment and other part of construction work” (hereinafter “instant construction work”) among “establishment and other part of construction work” (hereinafter “instant construction work”) to E as shown in the following contract (Evidence B-1-1). G guaranteed the obligation of E under the said subcontract.

Contract title: Contract amount other than the F Installation Work: 251,460,000 won (supply price of KRW 228,60,000, value-added tax of KRW 22,860,00): Contract term: From February 21, 2014 to June 27, 2014, Defendant representative director H (the official seal of the representative director is affixed) E (private seal) of the guarantor G (private seal) of E (private seal)

C. From May 2014 to June 2014, the Plaintiff supplied materials equivalent to KRW 46,956,39 at the instant construction site from May 2014, and paid KRW 20,000,000 (= KRW 10,000,000,000) for the aggregate of KRW 10,000 on October 31, 2014, and KRW 20,000 (= KRW 10,000,000), but did not receive the remainder of KRW 26,956,399 (=46,956,399 - 20,000,000) (hereinafter “the instant goods price”).

[Ground of recognition] Facts without dispute, Gap evidence 2-1 to 4, Eul evidence 2-1, the purport of whole pleadings

2. Obligation to pay the price of goods;

A. The Plaintiff’s assertion concluded a contract with the Defendant to supply materials to the Defendant on a verbal basis on April 2014, and supplied the materials to the Defendant from May 2014 to June 2014, and the Defendant did not pay the Plaintiff the price of the goods of this case. As such, the Defendant calculated the amount of KRW 26,956,39 as the price of the goods of this case and the amount of KRW 26,956,39 as the date on which the copy of the complaint of this case claimed by the Plaintiff was served after the end of the transaction, at the statutory rate from May 11, 2017.