logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2018.08.08 2016가단28477
물품대금
Text

1. The Defendant shall pay to the Plaintiff KRW 21,865,025 and the interest rate of KRW 15% per annum from November 5, 2016 to the date of complete payment.

Reasons

1. Basic facts

A. The Plaintiff is a company that runs a wholesale and retail business of construction materials under the trade name of “D,” and the Defendant is a company established for the purpose of civil engineering and construction work.

B. On March 2, 2016, the Defendant received supply of reinforced concrete construction works at the construction site of the FF neighborhood living facilities at the government city from E Co., Ltd. (hereinafter “instant construction works”).

C. From May 2016 to June of the same year, the Plaintiff supplied ancillary materials of KRW 30,165,025 (hereinafter “instant goods”) to the construction site of this case.

On June 13, 2016, the Defendant remitted KRW 8,300,000, which is a part of the price of the instant goods, to the Plaintiff’s account.

[Ground of recognition] Facts without dispute, Gap 1 through 3 evidence, 5, 6, 8 evidence (including each number), the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff's assertion that the defendant received the goods of this case in total of KRW 30,165,025 from the plaintiff, and paid only KRW 8,300,000 as the price, and did not pay the remainder of KRW 21,865,025. Thus, the defendant's claim for payment is justified.

B. The Defendant alleged that the instant construction was subcontracted to H and I using the trade name of G around March 2016, and the party who concluded a contract with the Plaintiff for the supply of goods necessary at the site of the instant construction work appears to be not the Defendant, but H, etc.

In addition, the plaintiff claims a greater amount of money by lowering the value of the goods actually supplied.

3. Determination 1) We examine whether a contract for the supply of the goods of this case was concluded between the Plaintiff and the Defendant. The following circumstances, which may be acknowledged by the evidence Nos. 2, 3, 5, 6, and 7 (each description including each number, the witness J testimony, and the witness J testimony in this court, and the overall purport of oral arguments, are delivered to the Plaintiff, namely, ① K and L, upon requesting the Plaintiff to supply the goods at the construction site of this case, indicated as each Defendant’s director and the Defendant’s on-site manager, and ② the Plaintiff supplied the goods at the construction site of this case.

arrow