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(영문) 의정부지방법원고양지원 2014.08.22 2014가단6469
물품대금
Text

1. The Defendant shall pay to the Plaintiff KRW 34,638,661 as well as 20% per annum from February 6, 2014 to the date of full payment.

Reasons

1. Determination on the Plaintiff’s assertion of the cause of claim

A. 1) The Plaintiff is a painting company specializing in the interior and outside of a building. 2) The Plaintiff, upon the Defendant’s request, performed the work of sealing on the outside of a building site produced by the Defendant until October 18, 2013, but the Defendant did not pay KRW 34,638,661 out of the amount of painting.

[Reasons for Recognition] Unsatisfy, entry of Gap evidence 1 to 9, the purport of the whole pleadings

B. According to the above findings of determination, the Defendant is obligated to pay to the Plaintiff the amount of KRW 34,638,661 of the unpaid seal and damages for delay at the rate of 20% per annum from February 6, 2014 to the date of complete payment, which is the day following the delivery of a copy of the complaint of this case.

2. Determination as to the defendant's assertion

A. 1) The defendant's argument that this part of the defendant's argument is a transaction unrelated to the defendant's business, among the proceeds claimed by the plaintiff, the transaction related to "SP site B" shall be deemed to be a transaction between the plaintiff and the non-party C, regardless of the defendant, and thus, the defendant is not responsible for the defendant. 2) Therefore, the stamp work related to "SP site B" shall be considered to be a transaction between the plaintiff and the non-party C, and the following circumstances, namely, the plaintiff's claim for the payment of stamp work related to "SP site B" is also made to the defendant, not the non-party C, and the defendant is deemed to have issued a tax invoice including the stamp work related to "SP site B", and the defendant's payment of stamp work cost incurred in relation to "SPP site" is recognized to have been made by the non-party C, not the party to the transaction, but the non-party C.

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