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(영문) 인천지방법원부천지원 2017.10.27 2017가단112135

1. The Defendant’s KRW 46,269,080 for the Plaintiff and 6% per annum from January 26, 2017 to August 10, 2017.


According to the facts that there is no dispute between the parties, and the purport of Gap evidence Nos. 1 through 3 as well as the whole pleadings, it is recognized that the plaintiff supplied materials for non-construction use to the defendant from around 2011 to January 25, 2017, and did not receive the price of KRW 46,269,080 from the defendant.

According to the above facts, the defendant is obligated to pay to the plaintiff the above 46,269,080 won and the damages for delay calculated at the rate of 6% per annum prescribed by the Commercial Act from January 26, 2017 to the delivery date of the payment order in this case, which is the day following the date of the above delivery that the plaintiff seeks, and 15% per annum prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment

In regard to this, the defendant, around 2011, caused defects from the defect of the materials supplied by the plaintiff, at the site of YY-gun, Incheon Sudio Construction Co., Ltd., Incheon, which the defendant constructed. Accordingly, the defendant did not receive the construction cost of KRW 31,600,000. Thus, the defendant's defense to the effect that the defendant's damage claim against the plaintiff against the plaintiff is offset against

However, it is not sufficient to recognize that the defendant suffered damage due to the plaintiff's supplied materials only by the statement of Eul evidence No. 1, and there is no other evidence to prove it. Thus, the defendant's defense is without merit

The plaintiff's claim is reasonable, and it is so decided as per Disposition.