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(영문) 춘천지방법원속초지원 2019.07.05 2017가단32147
물품대금
Text

1. The Defendant’s KRW 29,353,600 for the Plaintiff and KRW 6% per annum from November 28, 2018 to July 5, 2019.

Reasons

1. The following facts do not conflict between the Parties:

The defendant is a contractor who has contracted the construction work of the Gangwon-gun E Ground Fridge (hereinafter referred to as the "instant construction work") from the above church.

B. The Plaintiff is a person who supplies materials, etc. at the construction site of this case.

2. Direct claim for the price of goods related to G (△△△).

A. The Plaintiff asserted that the Plaintiff agreed to pay the Plaintiff the price for the electric equipment supplied to G in relation to the instant construction project with G and the Defendant, and supplied the electric equipment to G, but did not receive KRW 5,786,00, out of that price.

Therefore, the defendant is obligated to pay the above KRW 5,786,00 and damages for delay to the plaintiff.

B. In full view of the purport of the entire pleadings, the following facts are recognized in the statement No. 1-1 and No. 10 of the facts of recognition as evidence A.

1) On June 29, 2016, the Plaintiff’s identity as a private enterprise is unclear.

(2) With respect to the instant construction project, the Plaintiff agreed to pay the Plaintiff the price for the electric equipment supplied to G directly from September 1, 2016 to January 30, 2017. (2) In relation to the instant construction project, the Plaintiff supplied the electric equipment of KRW 6,951,500 in total to G from September 1, 2016 to January 30, 2017 in relation to the instant construction project (attached Form 1) and received only KRW 1,500,000 out of the price.

C. According to the above facts of recognition, the defendant is obligated to pay the plaintiff 5,451,500 won (=6,951,500 won - 1,500,000 won) and damages for delay.

As indicated in attached Form 1, the Plaintiff asserts that the Defendant is obligated to pay KRW 334,500 to the Plaintiff the price of the electric equipment supplied to G from February 4, 2017 to March 24, 2017, as well as KRW 334,500. However, there is no evidence to deem that the agreement was made to pay the price of the electric equipment supplied to the Plaintiff by the Defendant to the Plaintiff.

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