logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 고양지원 2018.08.08 2017가단11462
물품대금
Text

1. The Defendant shall pay to the Plaintiff KRW 50,49,150 and the interest rate of KRW 15% per annum from June 16, 2017 to the day of complete payment.

Reasons

1. The Defendant, based on the facts, supplied and supplied steel materials, such as ethyl pipes, etc. necessary for the instant construction (hereinafter “the instant steel materials”), to the company that performed the construction work by supplying and supplying B construction works from Company A (hereinafter “Nonindicted Company”). The Defendant introduced the Plaintiff through Nonparty C, the representative of the Nonparty Company, and received from the Plaintiff during the period from January 25, 2017 to February 27, 2017.

Then, the Defendant paid to the Plaintiff KRW 250,00,000 as the price for the steel materials of this case on March 10, 2017, KRW 100,000,000 on April 10, 2017, and KRW 70,000,000 on April 20, 2017, and KRW 420,000,000 on April 20, 2017.

[Ground of recognition] Unsatisfy, entry of Gap 1 and 3 (including virtual number), and the purport of the whole pleadings

2. Determination:

A. The parties’ assertion that the total amount of the steel materials of this case is KRW 470,49,150, and the defendant claims KRW 50,49,150, excluding the amount already paid.

As to this, the Defendant asserted that the steel materials of this case were supplied to the Plaintiff and the Defendant without agreement on the price, and that the price for the steel materials claimed by the Plaintiff is against the agreement between the Plaintiff and the Defendant, which had to be supplied less than 670,000 won per ton, which is the estimate of the steel materials made by the Nonparty Company, and that the Defendant calculated in accordance with the average market price for the steel materials, and was settled as the price for the steel materials paid above.

B. There is no direct evidence to acknowledge that the Defendant agreed a unit price for the material at the time of supplying the steel materials at the time of the agreement on the price of the steel materials.

However, an implied agreement between the plaintiff and the defendant on the price for the steel materials of this case shall be the amount claimed by the plaintiff, in full view of the following circumstances, which can be acknowledged by adding up the descriptions of Gap evidence Nos. 2 and 8 and Eul evidence Nos. 2 to 5 (including serial numbers), Eul's testimony, and the whole purport of the pleadings as a result of the order of submission of tax information to the head of the Dong tax office.

arrow