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(영문) 춘천지방법원 2019.04.17 2018나53068
물품대금
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The Plaintiff’s assertion C requested that the Plaintiff supply of building materials, etc. to be used at the construction site of Taecheon-si D and E ground building ordered by the Defendant (hereinafter “instant construction site”). At the time, the Plaintiff was “the Defendant, the owner of the building, must directly pay the price for the goods.”

From May 2017, the Plaintiff supplied building materials, etc. to the construction site of this case. In fact, the Defendant paid KRW 7 million, which is part of the price of goods, to the Plaintiff on May 24, 2017.

Therefore, the agreement between the Plaintiff, the Defendant, and the Plaintiff on the direct payment of the goods to the Plaintiff is concluded. As such, the Defendant is obliged to pay the Plaintiff the unpaid amount of KRW 13,980,315 and the delay damages therefor.

2. Determination

A. As shown in the Plaintiff’s assertion, “A” No. 8-1 refers to C’s statement directly interested in the cost of goods claimed by the Plaintiff, and the following.

B. (2) In light of the circumstances of paragraph (2) of the same Article, it is difficult to believe that: (a) there is no dispute between the parties; or (b) according to the respective statements of evidence Nos. 2, 5, and evidence Nos. 2-2 of the evidence No. 2-2 of the evidence No. 2-2, the Defendant contracted the instant construction to C on April 24, 2017 under a special contract (Article 1(2)6 of the Construction Contract, which read that “the Defendant shall pay the construction cost according to the circumstances of new construction works, deducts the balance from the payment at the time of the contractor’s maturity and payment,” and that the Defendant remitted KRW 7 million to the Plaintiff’s account on May 24, 2017.

2) On the other hand, on the other hand, the following circumstances, which may be known by comprehensively taking account of the respective descriptions, including the serial number, and the purport of the entire pleadings, C requested the Defendant to transfer the construction price to the account he/she designates, and the Defendant transferred KRW 7 million to the Plaintiff’s account on May 24, 2017.

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