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(영문) 수원지방법원평택지원 2016.09.13 2016가단41819
물품대금
Text

1. Defendant D’s 36,831,850 won and the interest rate of 15% per annum from May 25, 2016 to the date of full payment.

Reasons

1. Where there is no dispute between the parties that Defendant D’s claim against Defendant D is liable to pay KRW 36,831,850 (including additional taxes) to the Plaintiff as the price for goods for the construction site of Pyeongtaek-si E, it may be recognized by the statement in the evidence No. 3.

Therefore, the above defendant is obligated to pay to the plaintiff 36,831,850 won and damages for delay at the rate of 15% per annum from May 25, 2016 to the day of full payment, as requested by the plaintiff, from May 25, 2016 to the day of delivery of a copy of the complaint of this case.

2. The Plaintiff asserted that Defendant B and C sought payment of safety supplies equivalent to KRW 36,831,850 (including value-added tax) at the construction site of Pyeongtaek-si E, implemented by B, after concluding a contract with Defendant D, who is the management director of C, even though the said Defendants failed to pay the goods.

However, only the written evidence Nos. 1 and 7 submitted by the Plaintiff, Defendant D entered into a contract with the Plaintiff on behalf of the said Defendant as the management director of Defendant C.

Since it is insufficient to recognize that Defendant B entered into a contract for the supply of goods with the Plaintiff, the above assertion is without merit, and therefore, the Plaintiff’s claim against the above Defendants is without merit.

I would like to say.

3. If so, the plaintiff's claim against the defendant D is justified, and each claim against the defendant B and the defendant C is dismissed. It is so decided as per Disposition.

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