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(영문) 대구지방법원 2018.09.20 2018가단5680

물품대금

Text

1. The Defendant’s KRW 6,612,30, and the Plaintiff’s KRW 5% per annum from March 11, 2017 to September 20, 2018.

Reasons

1. The Plaintiff, at the new construction site B of the old-si, the Defendant engaged in the housing construction business around 2015, supplied a window equivalent to KRW 155,00,000, and supplied a window equivalent to KRW 6,098,000 to the previous apartment site of the C apartment. Of them, the Plaintiff did not pay KRW 72,710,300 among them, and filed a claim with the Defendant on March 10, 2017, but the Defendant did not comply therewith, asserting that it did not comply therewith.

2. As to this, the Defendant recognized the fact that he was supplied with windows at the new site B as alleged by the Plaintiff, but the front apartment house is the site constructed by D Co., Ltd., a Defendant’s affiliated company, not the Defendant, and the Defendant’s affiliated company, and a significant portion of the debt was repaid by transferring 10 of the old-si F Co., Ltd., owned by the Defendant’s affiliated company, to the Plaintiff, and the remaining debt amount is merely KRW 8,564,200.

3. The following facts are acknowledged in full view of the evidence No. 3 and the purport of the entire pleadings.

A. All the Defendants, D Co., Ltd, E Co., Ltd, and G Co., Ltd are related companies managed by H as representative directors.

B. The Plaintiff has long been supplied with windows in various places in the construction site for new use by the said company at H’s request.

C. The front detached Housing Corporation, which the Plaintiff supplied to the Defendant, is a site constructed by D Co., Ltd.

On February 12, 2018, H made payment to the Plaintiff of 10 out of the old-si Seoul Special Metropolitan City F Housing where E was newly constructed and sold but had not been sold.

E. At the time of payment in kind, the Plaintiff and H agreed contents are as follows.

1) The amount of the purchase price of a house to be paid in substitutes is KRW 150,00,000 (=390,000,000) - The amount of the loan of a financial institution succeeding to the Plaintiff shall be KRW 240,00,000).