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(영문) 청주지방법원 2019.02.14 2018나1439

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. The judgment on this safety defense is based on the following: (a) the Plaintiff filed a lawsuit against the Defendant for the claim for the payment of goods under the Cheongju District Court Decision 2018Da375,240 won, including the price for the goods in this case; and (b) the lawsuit in this case constitutes a duplicate lawsuit and constitutes an unlawful lawsuit; (c) thus, the lawsuit in this case constitutes a defense of safety to the effect that the lawsuit in this case is unlawful; (d) the subject matter of the lawsuit in this case is the price for the goods equivalent to KRW 53,620,829 that the Plaintiff supplied to the Defendant; and (e) the subject matter of the lawsuit in this case is the price for the goods in the amount equivalent to KRW 24,375,240, which the Plaintiff delivered to the Defendant in relation to the construction of the steel framed in the petitioner-gu

Therefore, the defendant's main defense is without merit.

2. Judgment on the merits

A. Comprehensively taking account of the respective descriptions of evidence Nos. 1 and 2 as to the cause of the claim and the purport of the entire pleadings, the Plaintiff is deemed to have supplied the Defendant with construction materials equivalent to KRW 24,375,240 on November 2016, and barring any special circumstance, the Defendant is obligated to pay the Plaintiff the price for the goods as well as damages for delay.

B. The defendant's assertion is asserted that D, the contractor of the instant construction project, and the construction materials supplied by the plaintiff to the defendant are liable D, and the plaintiff entered into a contract with the obligation to assume the obligation to exempt the above goods from the obligation to pay the above goods. Therefore, the defendant did not submit any evidence to acknowledge the above argument, and there is no other evidence to acknowledge it. Thus, the above argument by the defendant is without merit.

C. Accordingly, the Defendant is obligated to pay to the Plaintiff 24,375,240 won and 15% interest per annum from April 14, 2018 to the date of full payment, as the Plaintiff seeks from the date of delivery of a copy of the instant complaint, as the Plaintiff seeks.