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(영문) 대구지방법원경주지원 2015.05.01 2014가합1065
물품대금
Text

1. The Defendant’s KRW 52,133,00 among the Plaintiff and KRW 24,359,50 among the Plaintiff, shall be KRW 27,73,500 from January 28, 2014, and KRW 27,773,50.

Reasons

1. Comprehensively taking account of the respective descriptions and arguments of Gap evidence Nos. 1 and 2 (including virtual numbers) as to the cause of the claim, the plaintiff is a company operating the manufacture and sales business of ready-mixed and the defendant is a company operating the construction business. The plaintiff supplied ready-mixeds equivalent to KRW 39,359,500 to the defendant from November 25, 2013 to January 27, 2014 with respect to the construction business of the above commercial building at port. Meanwhile, the plaintiff can be acknowledged that he supplied ready-mixeds equivalent to KRW 27,73,500 from March 3, 2014 to March 17, 2014 with respect to the construction business of the above commercial building at port. Meanwhile, the plaintiff is a company receiving KRW 15,500,000 from the defendant.

Therefore, the Defendant is obligated to pay to the Plaintiff 24,359,500 won (=39,359,500 won - 15,000 won - 27,773,500 won in total and 24,359,500 won in total and 27,773,500 won in relation to the above part’s construction and 24,359,500 won in relation to the above part’s construction from January 28, 2014, which is the date following the date of the final supply, to the Plaintiff from March 18, 2014 to May 1, 2015, which is the date following the date of the final supply, 6% in accordance with the Commercial Act, and 20% in total from the day following each of the following day to the date of the final payment, which is the date of the instant judgment sought by the Plaintiff.

2. Judgment on the defendant's assertion

A. The defendant asserts that there is no fact that he was supplied with ready-mixeds from the plaintiff because he did not construct the above female building.

However, in light of the fact that the Defendant issued tax invoices of an amount of KRW 27,773,50 from the Plaintiff regarding the above construction work and processed them normally, it is recognized that the Plaintiff supplied ready-mixeds to the Defendant regarding the above construction work, and thus, the Defendant’s above assertion is acceptable.

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