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(영문) 수원지방법원 2020.09.10 2020가단517673
물품대금
Text

The defendant shall pay 51,80,000 won to the plaintiff and 12% per annum from May 11, 2020 to the day of complete payment.

Reasons

1. In light of the overall purport of the pleadings as to the cause of the claim Gap's evidence Nos. 1 and 6, the plaintiff entered into a contract with the defendant on August 16, 2017, under which the plaintiff would supply a window (satis and double window) equivalent to KRW 2608 million (hereinafter "the contract of this case") at the construction site of Pyeongtaek-si apartment constructed by the defendant (hereinafter "the contract of this case"). Accordingly, the plaintiff supplied the defendant with a window of KRW 360,80,000 for the above construction site, and the defendant paid only the price of goods of KRW 39,000,000 to KRW 51,80,000 for the unpaid goods.

According to the above facts, the defendant is obligated to pay to the plaintiff the amount of KRW 51.8 million payable to the plaintiff and the delay damages calculated at the rate of 12% per annum from May 11, 2020 to the date of full payment, which is the day following the delivery date of a copy of the complaint of this case.

2. Judgment on the defendant's assertion

A. First, the defendant asserts that since the plaintiff entered into the contract of this case with the defendant and D (E company), the non-paid goods should be paid after the settlement of accounts between the plaintiff and D. However, there is no evidence to regard D as the party to the contract of this case. Thus, the above argument is without merit.

B. The defendant asserts to the purport that the plaintiff's claim of this case seeking payment in excess of the amount of 7.8 million won since the plaintiff and the defendant settled the unpaid amount of goods at KRW 7.8 million, but there is no evidence to acknowledge the settlement of accounts as alleged above. Thus, the above assertion is without merit.

3. In conclusion, the plaintiff's claim of this case is reasonable, and it is so decided as per Disposition.

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