(영문) 대전지방법원 서산지원 2017.02.28 2016가단8185

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(영문) 대전지방법원 서산지원 2017.02.28 2016가단8185

물품대금

Text

1. The Defendant shall pay to the Plaintiff KRW 34,290,720 and the interest rate of KRW 15% per annum from October 26, 2016 to the date of full payment.

Reasons

1. Comprehensively taking account of the respective descriptions of evidence Nos. 1 through 3 and the purport of the entire pleadings as to the cause of the claim, the Plaintiff may recognize the fact that the Plaintiff supplied ready-mixeds equivalent to KRW 54,290,720 to the Defendant (the previous company Taesung Comprehensive Construction Co., Ltd.) who had been performing the studio-Newly constructed construction work in the Siljin-si from November 2015 to January 2016.

Therefore, the defendant is obligated to pay damages for delay at the rate of 15% per annum under the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from October 26, 2016 to the day of full payment, which is the day following the delivery date of the original copy of the payment order in this case sought by the plaintiff, after the delivery date of the remaining goods excluding KRW 34,290,720, and the above ready-mixed.

2. Judgment on the defendant's assertion

A. Although the Defendant asserts that there was no agreement between the Plaintiff and the Defendant on the supply of ready-mixeds, it is acknowledged based on the evidence that the Plaintiff issued a tax invoice under the name of the Defendant, and the Defendant paid the Plaintiff the amount of KRW 20 million to the Plaintiff, even if the Plaintiff and the Defendant did not prepare the contract, the Defendant may recognize that the Defendant purchased ready-mixeds from the Plaintiff even if he did not prepare the contract.

B. The defendant alleged that he paid 21.6 million won to the plaintiff. However, there is no evidence to prove that the defendant paid 20 million won to the plaintiff in excess of 20 million won to the plaintiff.

C. Although the Defendant asserts that the remainder of the goods excluding the Plaintiff’s KRW 20 million was agreed to pay after the completion of the structural frame, there is no evidence to acknowledge it.

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

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