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(영문) 서울남부지방법원 2018.06.28 2017나61629
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. Determination as to the cause of claim

A. On November 20, 2015, the Plaintiff entered into a material supply contract with the Defendant, who was awarded a contract with the Company C for the construction work on November 20, 2015, with the content that the Plaintiff supplied the said construction work to the Defendant, and that the Defendant shall pay an amount equivalent to KRW 292,181,769 (including value-added tax) as the price for the goods (hereinafter “instant contract”).

(2) While the Plaintiff supplied the materials to the Defendant, there was a dispute between the Plaintiff and the Defendant to terminate the instant contract. At that time, the Plaintiff was not paid KRW 14,274,00 out of the price of the materials to the Defendant.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 3, 5, and 6, the purport of the whole pleadings

B. According to the above facts of recognition, the defendant is obligated to pay to the plaintiff 14,274,00 won with 6% interest per annum under the Commercial Act from April 23, 2016 to December 28, 2016, which is the delivery date of a copy of the complaint of this case, and 15% interest per annum under the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from the next day to the day of full payment.

2. The defendant's assertion and judgment

A. The Defendant’s assertion asserts that the Defendant returned part of the materials supplied by the Plaintiff, and that some materials were destroyed or damaged, and that there was a settlement agreement to pay only five million won for the Plaintiff’s employees D and goods. Therefore, the Defendant cannot respond to the Plaintiff’s request.

B. The judgment was examined, and the evidence submitted by the Defendant alone was partially returned.

It is insufficient to recognize that there is a defect or defect, or that there is a settlement agreement between the original and the defendant, and there is no other evidence to acknowledge it.

Therefore, the defendant's argument is without merit.

3. As such, the plaintiff's claim shall be accepted on the grounds of its reasoning, and the judgment of the court of first instance is just as it is concluded, and the defendant's appeal is dismissed as it is without merit, and it is so decided as per Disposition.

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