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1. The Defendant’s KRW 13,200,225 as well as 5% per annum from June 6, 2019 to November 12, 2020 to the Plaintiff.
Reasons
1. Summary of the parties' arguments
A. The Plaintiff entered into a goods supply contract with the Defendant and supplied building stones from September 2, 2018 to January 2019 by the Defendant at the construction site of the Seoul Special Self-Governing Province, which was held by the Defendant, but did not receive KRW 65,324,041 out of the building stones, and thus, the Plaintiff sought payment of the above goods price and damages for delay.
B. Although the Defendant had been implementing the construction of the D Residents' Self-Governing Center at the time of strike, the building stones used by the Defendant were supplied from E Co., Ltd. (hereinafter "E"), and the Plaintiff also supplied building stones by concluding a goods supply contract with E who is not the Defendant.
The defendant paid the payment for the above construction work to E, and there is no obligation to pay to the plaintiff.
Even if the defendant bears the obligation against the plaintiff,
The amount of debt shall be limited to KRW 6,200,225, which deducts KRW 46,79,775,000 paid by the Plaintiff from KRW 46,79,775 and KRW 55,000 paid by the Defendant, or KRW 65,324,041 claimed by the Defendant, or KRW 65,324,00 paid by E from KRW 65,324,00,000, which is calculated by applying the unit price and quantity under the goods supply contract entered into between the Plaintiff and the Defendant.
2. Determination
(a) Evidence Nos. 2, 4, 5, 6, and 7 (including serial numbers for those with paper numbers; hereinafter the same shall apply) of the Plaintiff’s goods supply contract with the Defendant
(2) In light of the overall purport of the arguments in the evidence Nos. 1, 2, and 3, the Plaintiff supplied building stones equivalent to KRW 167,123,816 at the site of the Defendant’s construction site, “Yju-si D Residents’ Self-Governing Center,” which is the Defendant’s construction site. However, as to whether the Plaintiff supplied building stones to the Defendant under a contract with the Defendant for the supply of goods, there is a contract for the supply of goods (Evidence No. 3) and the evidence as shown in the Plaintiff’s assertion, and the Defendant also paid KRW 46,79,775 to the Plaintiff as building stones.
However, A.