(영문) 대구지방법원 2015.01.09 2014가합4259

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(영문) 대구지방법원 2015.01.09 2014가합4259

물품대금

Text

1. The defendant shall pay to the plaintiff 143,630,781 won and 20% per annum from April 22, 2014 to the day of complete payment.

Reasons

(b) shall apply;

Paragraph 4 (Liability and Guarantee of Defects) After loading goods, all kinds of management of goods shall be carried out by the non-party company, and the plaintiff's responsibility shall be responsible for defects incurred in the manufacturing and storage of the goods in the previous manufacturing and storage of the goods.

(However, at the time of the request of the plaintiff in connection with the payment of the price under this contract, the non-party company shall be jointly and severally appointed a guarantor, and the joint guarantor shall be jointly and severally liable for the monetary liability arising from the non-party company's default.

(However, if the non-party company fails to pay the price to the plaintiff by the due date, the non-party company shall not raise any objection to the joint guarantor even if the funds are deposited into the plaintiff's deposit slip or the passbook designated by the plaintiff. Paragraph (8) (other special agreement) * Incidental materials other than written estimate materials shall be settled in accordance with the plaintiff's unit price table.

B. The Plaintiff supplied the instant materials at the instant construction site several times from August 13, 2012 to November 30, 2012. On September 12, 2012, and October 26, 2012, the Plaintiff supplied, upon the request of the non-party company, Category C (hereinafter “instant materials”) additionally necessary for the instant construction site at the request of the non-party company. At the instant contract and the request of the non-party company, the amount of the instant goods supplied by the Plaintiff to the construction site at the instant construction site is KRW 168,630,781 (including value-added tax).

C. Meanwhile, on November 21, 2012, the Plaintiff received KRW 25,000,000 from the Defendant as the material price for the instant contract.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 4, 6, 11 (including branch numbers in the case of provisional evidence), Eul evidence Nos. 2, and the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff's assertion.

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