물품대금 등
1. The claim of this case is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The Plaintiff’s assertion as to the cause of the claim entered into a contract for the supply of ready-mixed with the Defendant, and from June 17, 201 to September 8, 2011, to supply ready-mixed at the site of the Defendant’s 39, 40 ground Jin cancer inspection and the construction of neighborhood living facilities (hereinafter “instant construction”). As such, the Defendant is obligated to pay the Plaintiff the supply price of ready-mixed, KRW 36,814,173, and delay damages therefrom.
2. In full view of the overall purport of the arguments, the following facts are acknowledged in the statements in Gap evidence Nos. 2, Eul evidence Nos. 2, 2 through 5, 10, and 11.
A. On June 16, 201, the Defendant agreed to supply the Defendant with materials necessary for the instant construction, such as ready-mixeds and asphalts, after being awarded a contract for the instant construction from A during the period from June 16, 201 to October 15, 201, with the cost of KRW 32 million (Additionalse) and the construction period from June 16, 201 to October 15, 201.
B. A was unable to properly pay the construction cost (materials and wages) of the instant construction project, and the Defendant became difficult to smoothly perform the instant construction project. On October 19, 201, A and the Defendant paid KRW 83,717,430 (excluding value-added tax) to the Defendant by October 19, 2011, and the Defendant agreed to waive the instant construction project.
After that, on December 20, 201, the old-gu General Construction Co., Ltd. concluded a contract with A for the remaining portion of the instant construction cost of KRW 308,00,000, and the construction period from December 23, 2011 to February 29, 2012. The special terms of the contract stipulate that A supply of ready-mixeds and asphalts necessary for the instant construction to the old-gu General Construction Co., Ltd.
C. According to the tax invoice (Evidence A) issued by the Plaintiff to the Defendant, the Defendant’s e-mail address is indicated as “got21 bareboat36524.com.” However, it is difficult to readily conclude that the above e-mail address is the e-mail address of the Defendant
If there are some circumstances, A.