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(영문) 전주지방법원 2018.08.08 2017가단26302
물품대금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The party's assertion

A. The Plaintiff asserted that the Plaintiff supplied ready-mixed amounting to KRW 45,623,510 from February 24, 2017 to July 31, 2017 upon receiving the request from the Defendant (a limited liability company (hereinafter “instant construction”) with respect to the construction of a new E-factory in Kim Jong-si (hereinafter “instant construction”). The Defendant paid KRW 10,674,430,000, which is part of the price of the ready-mixed and did not pay the remainder of the ready-mixed. Accordingly, the Defendant is obligated to pay the remainder amount of KRW 34,949,080 and damages for delay (hereinafter “the price of the instant ready-mixed”).

B. The above KRW 10,674,430 alleged by the Plaintiff that the Defendant asserted that the Defendant was paid from the Defendant was paying the balance of ready-mixed price arising from direct transactions with the Plaintiff. The Plaintiff’s claim by the instant lawsuit is a claim arising from a transaction between G limited liability company and the Plaintiff, which was subcontracted part of the instant construction work, and is irrelevant to the Defendant.

2. On the one hand, the evidence alone submitted by the Plaintiff cannot be recognized as the balance of the price for ready-mixed supplied by the Plaintiff to the Defendant upon the Defendant’s request, and there is no sufficient evidence to acknowledge otherwise.

3. If so, the plaintiff's claim of this case is dismissed as it is without merit. It is so decided as per Disposition.

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