(영문) 인천지방법원 2020.06.11 2019나53962

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(영문) 인천지방법원 2020.06.11 2019나53962

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 do not conflict between the parties, or can be acknowledged in full view of the following facts: Gap evidence 2, Gap evidence 3, Gap evidence 5, Gap evidence 6, Gap evidence 8, Gap evidence 9, Gap evidence 10-1 and Eul evidence 2, Eul evidence 2, and Eul evidence 2, and the whole purport of the pleadings as a whole. The only part of Eul evidence 2 is not sufficient to reverse evidence, and no other counter evidence exists.

The defendant has paid the plaintiff the cost of a railing work as claimed by the plaintiff in relation to the railing work, and the plaintiff has applied the unit price of 25,000 won per meter as the cost of a railing work.

B. From June 2017 to August 31, 2017, the Plaintiff supplied the Defendant with products, such as aviation radar and railing.

C. The Plaintiff and the Defendant agreed on the work cost for aviation painting at KRW 300,000 per group.

From June 2017 to August 31, 2017, the Plaintiff applied the unit price for a rail for working expenses to the Defendant 22,500 won per meter, or 25,000 won per meter, or 300,000 won per meter for an aviation shooting, and the Plaintiff applied the working expenses to the Defendant 3,65,750 won on June 6, 2017, and July 2017; and

8. Claim the payment of 33,945,120 won in total, 37,610,870 won in working expenses.

E. On July 14, 2017, the Defendant paid the Plaintiff KRW 6,000,000 as working expenses.

2. Determination

A. According to the facts of the judgment as to the plaintiff's cause of action, the agreement was made between the plaintiff and the defendant to pay the cost of a railing work according to the unit price claimed by the plaintiff, and the plaintiff and the defendant have agreed to pay the cost of a railing work. Thus, the defendant is liable to pay the plaintiff the unpaid work cost of 31,610,870 won and damages for delay as claimed by the plaintiff.

B. The Defendant’s assertion 1) The Defendant did not make a separate agreement on the unit price prior to the instant transaction.

유사 판례

-대구지방법원포항지원 2019.04.25 2018가단104229

-인천지방법원부천지원 2015.08.11 2014가단48868

-광주지방법원 2019.12.12 2019나53487

-서울남부지방법원 2016.09.23 2015가단43350

-부산지방법원서부지원 2019.02.20 2018가단111784