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(영문) 제주지방법원 2019.06.03 2019가단1137

물품대금

Text

1. The Defendant shall pay to the Plaintiff KRW 83,115,00 and interest rate of KRW 15% per annum from March 6, 2019 to the date of complete payment.

Reasons

1. On August 20, 2018, the Defendant subcontracted the structural construction among the construction works for the new construction of another canal wells on the land outside the F in Jeju city and three parcels on the land.

Upon request of E, the Plaintiff supplied ready-mixed equivalent to KRW 83,115,000 to the construction site by November 26, 2018.

On February 11, 2019, the Defendant promised to pay KRW 83,115,00 to the Plaintiff by March 5, 2019.

‘A’ has drawn up and issued a written confirmation.

[Grounds for recognition] Gap's evidence Nos. 1-7 and the purport of the whole pleadings

2. According to the above facts of recognition of the cause of the claim, the Defendant is obligated to pay the Plaintiff the amount of KRW 83,115,000 for ready-mixed and the damages for delay after March 6, 2019, pursuant to the Plaintiff’s promise on February 11, 2019, barring any special circumstances.

The Plaintiff claimed for the payment of damages for delay after the delivery date of a copy of the instant complaint on the price of ready-mixed. However, there is no evidence to prove that the Defendant had been placed in delay prior to the expiration date of the payment period stipulated in the instant promise on February 11, 2019 ( March 5, 2019). Thus, the Plaintiff’s claim for damages for delay exceeding the above recognized scope is without merit.

3. As to the defendant's defense, the defendant asserted that "the defendant subcontracted a framework construction to G (E seems to be called for), and paid the subcontract price in cash to G with the substitute amount of KRW 400,00,000,000, and the contract price was paid in full. Thus, the plaintiff and G's claim for the payment of the price for goods under the ready-mixed supply contract between the plaintiff and G is unrelated to the defendant." There is no evidence to prove that the defendant paid all the subcontract price to E, and as seen above, the defendant promised to pay the above ready-mixed price to the plaintiff on February 11, 2019. Thus, the above defense is without merit.

4. In conclusion, the Defendant’s payment of KRW 83,115,000 to the Plaintiff.