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(영문) 대전지방법원 논산지원 2018.03.08 2017가단2451
물품대금
Text

1. The Defendant shall pay to the Plaintiff KRW 47,927,880 and the interest rate of KRW 15% per annum from July 8, 2017 to the day of complete payment.

Reasons

1. Facts of recognition;

A. A. On December 5, 2016, the Plaintiff entered into a supply contract to supply ready-mixed at a construction site located in Taeduk-ri, Gasan-si, the Sinsan-si, the Defendant’s execution of the business, and the agricultural partnership at the assigned military new and renewable energy business establishment jointly and severally guaranteed the Defendant’s obligation to pay ready-mixed.

B. In accordance with the above supply contract, from December 6, 2016 to January 13, 2017, the Plaintiff supplied ready-mixeds equivalent to KRW 47,927,880 at the above construction site. Of them, ready-mixeds equivalent to KRW 19,905,60 at the above construction site were purchased and supplied from ready-mixed companies operating in the above construction site.

C. The Plaintiff received a payment order against the Defendant and the above agricultural partnership for the payment of KRW 47,927,880 for the above price of delivered goods and delay damages therefor. The above agricultural partnership did not raise any objection, and the payment order became final and conclusive.

[Ground of recognition] Facts without dispute, entry of Gap 1 to 3 evidence, purport of the whole pleadings

2. According to the above facts of recognition as to the cause of the claim, the defendant is obligated to pay to the plaintiff 47,927,000 won for supply price and damages for delay calculated at the rate of 15% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from July 8, 2017 to the day of full payment, which is clear that it is the day following the delivery date of the original copy of the payment order in this case

3. The defendant's assertion asserts that the plaintiff does not have an obligation to pay the price of supply since the plaintiff supplied ready-mixeds on the source without the permission of the defendant or the original owner.

However, the order sheet (Evidence A) prepared by the defendant between the plaintiff and the plaintiff only provides the specifications and unit price of the ready-mixed subject to delivery, and it does not refer to the original supply unit of the ready-mixed. Paragraph (5) of the above order letter provides that the confirmation of acceptance by an on-site employee of the ordering person is deemed acceptance by the ordering person. On the other hand, the defendant is also deemed acceptance by the ordering person.

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