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(영문) 제주지방법원 2017.05.22 2016가단9987

물품대금

Text

1. The Defendant’s KRW 36,010,00 for the Plaintiff and 6% per annum from May 17, 2016 to July 25, 2016.

Reasons

1. Facts without dispute;

A. The Plaintiff supplied the building materials to the Defendant who is a Do and retailer dealing with the business of manufacturing windows and other construction materials, etc. from June 2015 to November 27, 2015. The Defendant signed and sealed the specifications supplied by the Plaintiff (Evidence A1) on December 2, 2015, and the supply price is KRW 119,627,00. The said specifications include the supply price in KRW 119,627,00.

B. By May 16, 2016, the Defendant paid to the Plaintiff KRW 83,617,000 in total as the price for goods.

2. The parties' assertion

A. The Plaintiff did not receive KRW 36,010,00, out of the construction materials price of KRW 119,627,000, which the Plaintiff supplied to the Defendant.

B. The Defendant was awarded a contract with Defendant D for construction work on the E and five parcels of land (hereinafter “instant construction work”). The Defendant paid the total amount of KRW 83,617,000 for the goods supplied to the Plaintiff solely on the basis of the instant construction work, which was ordered by the Plaintiff, until May 16, 2016.

The Plaintiff’s signing and sealing on the Plaintiff’s evidence No. 1 does not mean that not only the basic details ordered by the Plaintiff, but also the content of options ordered by D, the owner of the building, should be confirmed, but also the content of options ordered by D.

Since the part claimed by the plaintiff is the details of D's order, the defendant is not liable for it.

3. According to the overall purport of evidence Nos. 1 and 4-1, 2-1, and 4-2, the Plaintiff prepared a statement (Evidence No. 1) with an estimated amount of KRW 119,627,00 for the Defendant at the same time, and prepared a statement (Evidence No. 4-2) with an estimated amount of KRW 83,617,00 for the Defendant. On May 16, 2016, the Plaintiff received KRW 10,717,00 for the goods amount of KRW 10,717,000 for the goods amount of KRW 83,617,000 for the said statement (Evidence No. 4-2) and delivered the statement to the Defendant by a private person to verify that the estimated amount of KRW 83,617,00 for the goods amount of KRW 4-2.