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(영문) 인천지방법원 2020.07.08 2019가단19169
물품대금
Text

1. The Defendant’s KRW 34,966,540 as well as 6% per annum from March 1, 2019 to July 8, 2020 to the Plaintiff.

Reasons

1. Facts of recognition;

A. The Defendant contracted the pipeline construction (hereinafter “instant construction”) among D installation works by C Co., Ltd. (hereinafter “C”) and performed the construction work.

B. On April 2, 2018, the Defendant requested the Plaintiff to estimate the materials to be used in the instant construction, and attached the detailed drawings of the instant construction to e-mail, and the Plaintiff provided a written estimate to the Defendant.

The Defendant ordered materials to the Plaintiff based on the Plaintiff’s written estimate.

The Defendant’s order states that “the payment on the last day of the following month after the delivery date (the completion of the delivery date) and “the arrival level of delivery conditions (after the delivery date)” are stipulated as “the arrival level (after the delivery date),” and that “the standards for obtaining the delivery place supplier approval and for passing the on-site inspection (KS products,

C. By January 19, 2019, the Plaintiff supplied materials to the Defendant according to the Defendant’s order, and the amount of KRW 34,966,540, out of which is paid, remains.

[Ground of recognition] A without dispute, Gap evidence Nos. 1 through 4, 6, 11 (including branch numbers, if any; hereinafter the same shall apply), Eul evidence Nos. 4 through 14, 17, 18, and the purport of the whole pleadings

2. According to the above facts finding as to the cause of the claim, the plaintiff supplied materials according to the defendant's order and paid 34,966,540 won out of the price. Thus, the defendant is obligated to pay the plaintiff the unpaid price and the damages for delay, unless there are special circumstances.

3. Judgment on the defendant's assertion

A. The gist of the claim is that the Defendant requested the Plaintiff, an expert, to supply all materials meeting all the requirements, such as certification standards, in accordance with the specifications of the contractor, and granted all the rights to supply the materials to the Plaintiff.

Therefore, after reviewing the drawings, specifications, specifications, etc., the Plaintiff is obligated to supply materials that can be approved by the ordering authority and the supervision group.

However, the Plaintiff.

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