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(영문) 서울중앙지방법원 2017.01.25 2016가단28178

물품대금

Text

1. The Defendant shall pay to the Plaintiff KRW 21,483,221 and the interest rate of KRW 15% per annum from March 17, 2016 to the date of full payment.

Reasons

1. Facts of recognition;

A. On April 1, 2014, the Defendant concluded a contract for fire-fighting system installation works (hereinafter in this case’s construction works) among B housing construction works, and concluded a lump sum subcontract with C Co., Ltd. (hereinafter “C”) as the construction cost of KRW 265,889,59 (Additional Tax) around April 1, 2014.

C If C presents to the Defendant a claim for the settlement of material and labor costs while carrying out a construction work under a subcontract, the payment of the subcontract price was made in the way that the Defendant directly pays the price.

B. The Plaintiff’s employees visited the construction site of this case for business purposes and entered into a contract for the supply of D and E, and at the time C representative director D used the name of the Defendant Company Deputy Director, and E used the name of the name of the Defendant Company Deputy Director, respectively.

C. E, a C employee of the instant construction site, sent an order to the Plaintiff under the Defendant’s name. The Plaintiff supplied the goods equivalent to KRW 85,529,221 from December 31, 2014 to December 31, 2015 at the instant construction site.

In relation to the supply of goods, the Plaintiff issued a tax invoice with the Defendant as the recipient of the goods, and the Defendant paid KRW 64,046,000 to the Plaintiff seven times from February 2, 2015 to September 18, 2015 according to the written request for settlement of accounts presented by C.

However, when the amount of labor cost and material cost paid upon C’s request exceeds the subcontract price of KRW 281,763,394, the Defendant did not pay the amount of goods to the Plaintiff from October 2015.

On May 7, 2015, when the Plaintiff supplied goods to D, purchased a sales bond insurance with the Defendant, the purchase price of KRW 124,000,000, and the insurance period from May 7, 2015 to May 6, 2016.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1, 2, 3, 4, 10, 11, Eul evidence Nos. 1, 2, 3, 4, 5, 7 (including provisional number), the purport of the whole pleadings

2. Determination on the cause of the claim

(a) Responsibility under a commodity supply contract;