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(영문) 의정부지방법원 2016.07.22 2015나57851
물품대금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

Facts of recognition

The Plaintiff is a person engaged in wholesale and retail business with the trade name of “C,” and the Defendant acquired ownership after being awarded a successful bid for the auction procedure for partition of co-owned property (F) on December 4, 2014 and the building on the ground thereof (hereinafter “instant building”).

On January 3, 2015, the Defendant entered into a construction contract with G Co., Ltd. (hereinafter referred to as “Nonindicted Co., Ltd.”) with respect to the construction work of remodelling the instant building into the Medical Care Center (hereinafter referred to as “instant construction work”), with the content that the amount of KRW 1,487,00,000 (excluding value-added tax) and the period from January 3, 2015 to April 2015.

As from January 29, 2015, I agree to purchase from C (Representative Plaintiff) materials necessary for remodeling the E-Medical Center building located in D on credit for about two months from January 29, 201 as follows:

In addition to sound and D, materials shall not be entirely released.

- The full amount of the material price shall be paid in cash by March 28, 2015.

- The interest at the rate of 20% per annum shall be paid at the time of the due date.

-one million won shall be paid for down payment.

On the other hand, on January 29, 2015, the Defendant prepared a “Agreement on Direct Payment of Materials” (hereinafter “Agreement”) with the following content and delivered it to the Plaintiff.

The payment agreement at the bottom of the instant agreement is the Defendant’s own signature and seal.

The Plaintiff supplied materials worth KRW 72,35,400 in total at the construction site of this case from February 2, 2015 to April 15, 2015.

On July 2015, the Plaintiff received a material price confirmation form (hereinafter “instant confirmation form”) from the Defendant stating that “C (Representative Plaintiff) supplied materials necessary for remodeling the E-care center building located in D and confirmed the existence of an outstanding amount of KRW 72,355,100 as of March 28, 2015.”

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