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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 대전지방법원 2014.10.24 2013나8555
물품대금
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. The following facts may be acknowledged either as a dispute between the parties, or as a whole as to the testimony of Gap evidence Nos. 1, 2, 5-1, 2, 8, 14, 14, and 1, the witness A of the first instance trial, witness G of the trial, and H, respectively.

On June 1, 2011, the Plaintiff agreed to supply ready-mixeds to the Defendant at the construction site of the building construction site of Daejeon Peong-dong 58-1 DS (DS) (hereinafter “instant construction site”).

B. From May 21, 201 to March 12, 2012, the Plaintiff supplied ready-mixeds equivalent to KRW 223,003,00 at the instant construction site.

C. The Plaintiff received respectively KRW 100,000,000 from the Defendant as the price for ready-mixed supplied at the instant construction site on August 16, 201, and KRW 50,000,000 on November 11, 201, and KRW 20,000 on April 4, 2012.

On the other hand, I newly built a multi-family house on the ground of the Daejeon Seo-gu J land, G was awarded a contract for the construction of the above multi-family house, and K was awarded a subcontract for the said new construction work from G.

The Plaintiff supplied ready-mixed to the said new construction site (hereinafter “B construction site”).

E. The Plaintiff received KRW 10,000,000 from K around July 2011

The plaintiff stated that K appropriated the above KRW 10 million paid to the plaintiff as the price for ready-mixeds at the construction site of the D Hospital, and that the defendant paid KRW 10 million to the plaintiff as the price for ready-mixeds at the construction site of the D Hospital on June 8, 2011, was appropriated as the price for ready-mixeds at B at the construction site of the D Hospital, but it appears that it changed the price into error.

F. In addition to the construction site of the instant case, the Plaintiff supplied ready-mixeds at the construction site of the Daejeon Sung-gu Hospital, Daejeon. On November 24, 2011, the Plaintiff was issued a note of KRW 100,000,000 at par value at the cost of ready-mixed supplied at several construction sites including the instant construction site.

The plaintiff prepared.

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