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(영문) 수원지방법원 2016.05.18 2015나24123

물품대금

Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. According to the purport of Gap's evidence Nos. 1, 2, and 4 (including the paper number), and Eul's testimony and pleading as a witness of the trial party B at the defendant's request, the fact that the plaintiff supplied interior articles equivalent to KRW 13,954,200 at the work site of Young-gun in Gangwon-do on April 29, 2013, and that the defendant still did not pay to the plaintiff the remainder of KRW 7,954,200,000, while paying only KRW 6,000 to the plaintiff.

Therefore, barring special circumstances to the Plaintiff, the Defendant is obligated to pay damages for delay calculated at the rate of 20% per annum from December 6, 2014 to the day of full payment, which is the day following the delivery of the instant complaint, to the day of full payment.

2. The defendant's claim against the defendant is asserted that the plaintiff cannot respond to the plaintiff's claim because the plaintiff supplied goods equivalent to the sum of KRW 4,500,000 for the bath room and KRW 8,375,00 for the kitchen household, and KRW 3,500,000 for the plaintiff's delivery without permission, and 3,50,000 for the return of the plaintiff's Rausing installed without permission and the installation of a new Rausing. However, there is no evidence to acknowledge the excessive claim, the installation of the middle or without permission (According to the witness Eul's testimony, it is recognized that the defendant was at that site at the time of the plaintiff's installation of Rausing), and the defendant's above argument cannot be accepted).

3. In conclusion, the plaintiff's claim of this case can be accepted on the grounds of its reasoning. The judgment of the court of first instance is justified on the grounds of its conclusion, and the defendant's appeal is dismissed. It is so decided as per Disposition.