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(영문) 대구지방법원영덕지원 2015.02.10 2014가단2278
물품대금
Text

1. The Defendant Han Construction Industry (hereinafter “Defendant Han Construction Industry”) runs counter to KRW 33,211,443 and its amount from November 3, 2014.

Reasons

1. Claim against the Defendant Han Construction Industry

A. Examining the overall purport of the pleadings in the evidence Nos. 3-1, 2, 4, and 5 as to the cause of the claim, the Defendant Han Construction Industry (hereinafter “Defendant Company”) was awarded a contract from C and D for the construction of a multi-family house on the ground (hereinafter “instant construction”) from the G and D, the owner of the building, and the Plaintiff supplied the Defendant Company with construction materials equivalent to KRW 43,211,443 in total from June 2014 to August 2014, the Plaintiff supplied the Defendant Company with construction materials equivalent to KRW 33,211,43 in total (including KRW 2,453,70 agreed to receive direct payment from the Plaintiff because the Plaintiff was not supplied to H, among KRW 33,211,443 in total).

According to the above facts of recognition, the defendant company is obligated to pay to the plaintiff 3,211,443 won of unpaid materials and delay damages at the rate of 20% per annum from November 13, 2014 to the day of complete payment, as requested by the plaintiff, after the copy of the complaint of this case was served to the defendant company, as requested by the plaintiff.

B. Determination 1 on the Defendant Company’s assertion 1) The Defendant Company asserts that, as the owner C and D agreed to pay the price of the goods directly to the Plaintiff, the Defendant Company did not have any obligation to pay the price of the goods to the Plaintiff. (2) According to the written confirmation and the written consent for direct non-payment attached to the written response submitted by the Defendant Company, C and D, the owner of the building, “if the Defendant Company and I Company fail to pay the price of the goods to the Plaintiff, the owner will be held responsible later,” and the Defendant agrees to the Plaintiff to pay the price of the goods directly to the Plaintiff.

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