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(영문) 대구지방법원포항지원 2016.02.02 2015가단7259
물품대금
Text

1. The Defendant’s KRW 31,618,312 as well as the Plaintiff’s annual rate of KRW 6% from April 3, 2012 to July 24, 2015.

Reasons

1. The parties' assertion

A. The Plaintiff asserted that the Plaintiff supplied the Defendant with a total of KRW 60,218,312,00,00,000 on March 29, 2012, and KRW 28,60,00,00,00,00 on April 2, 2012, and KRW 1,929,312 on April 2, 2012. However, the Defendant paid only KRW 28,60,00,00 among the above payments on April 4, 2012.

Therefore, the defendant should pay 31,618,312 won and delay damages to the plaintiff.

B. The defendant's assertion that the defendant received the delivery of the steel bars equivalent to KRW 28,60,000 from the plaintiff, but there is no fact that the defendant received the delivery of the remaining steel bars equivalent to KRW 31,618,312. The defendant received an order from the non-party A, not the plaintiff's employee, and received an order from the non-party A and received an order from the non-party A, and did not deliver it to the defendant.

Therefore, the defendant does not have any reason to pay the price for the goods to the plaintiff 31,618,312.

2. Determination as to the cause of action

(a) Each of the following facts may be acknowledged either as a dispute between the parties, or as a whole by taking into account the descriptions of Gap evidence 1 to 4 and Eul evidence 1 (including each number), as well as the whole purport of the pleadings:

1) The Defendant, a company engaged in civil works, construction works, etc., shall be the New Construction Corporation B from the beginning of March 2012 (hereinafter “instant Construction Corporation”).

(2) On March 29, 2012, the Plaintiff supplied a total of 62 tons of steel bars worth KRW 58,289,000 on March 29, 2012 to the company engaged in steel bars, e.g., wholesale and retail business, etc., the building owner C, etc.

4.2.2.1,929,312 tons of steel bars equivalent to KRW 2.016 were supplied, and the electronic tax invoice stating the Defendant was issued on each delivery date.

3. March 29, 2012 and the same year

4. 2. A, at the construction site of this case, a person who acquired steel bars from the Plaintiff and confirmed the acceptance on the trading specifications.

4. On April 4, 2012, the Defendant paid 28,600,000 won to the Defendant, and the electronic tax invoice received from the Plaintiff was the purchase price in the Young business book.

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