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(영문) 의정부지방법원 2018.11.28 2017가단26515
물품대금
Text

1. The Defendant’s KRW 33,824,481 as well as 6% per annum from March 25, 2017 to January 2, 2018 to the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff is a steel pipe, a steel pipe, and a retail business, and the Defendant is a company running a construction business.

B. Upon receiving a request from the head of the Defendant On-Site, the Plaintiff supplied each amount of KRW 7,681,604 (including value-added tax; hereinafter the same shall apply), equivalent to KRW 126,711,398 on March 10, 2017, and KRW 1,359,908 on the site of the H beam, steel bars, etc. on February 28, 2017 at the site of the Construction of New Factory B (hereinafter “instant Construction”).

C. As to the price of goods supplied as above, the Plaintiff issued an electronic tax invoice with the Plaintiff and the recipient as the Defendant, and the Defendant received it and completed the purchase report at the competent tax office.

Meanwhile, the Defendant paid to the Plaintiff KRW 77,681,104 on March 2, 2017, KRW 40,000 on March 16, 2017, KRW 16,359,908 on April 12, 2017, and KRW 40,837,00 on April 14, 2017, respectively.

E. On May 25, 2017 and June 30, 2017, the Defendant returned part of the goods to the Plaintiff and remains 3,824,481 won.

【Ground of recognition】 The fact that there has been no dispute, Gap 1-4, Eul 1-3, the purport of the whole pleadings and arguments

2. The assertion and judgment

A. Comprehensively taking account of the above facts acknowledged as to the cause of the claim, the Plaintiff is deemed to have supplied the goods at the construction site of this case upon the Defendant’s request. As such, the Defendant is obligated to pay to the Plaintiff the balance of KRW 33,824,481 of the price for the goods and the damages for delay calculated at the rate of 6% per annum as prescribed by the Commercial Act from March 25, 2017 to January 2, 2018, which is obviously from the date following the date on which the Plaintiff finally supplied the said goods to the Plaintiff.

B. The judgment on the Defendant’s assertion was made at C’s request, and the Defendant continued to perform the retaining wall construction among the civil construction works of the instant construction works from B, and the said construction was suspended on January 24, 2017.

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