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(영문) 수원지방법원 2019.10.22 2018나88876
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. The parties' assertion

A. The Plaintiff supplied steel bars to the Defendant from February 21, 2017, including the Plaintiff’s supply of steel bars of 8,000km on March 13, 201, and the supply of steel bars of 10,000km on March 21, 2017, and the Defendant paid KRW 14,857,556 out of the payment for the steel bars, and claimed for the payment of the unpaid steel bars of 14,857,556 won and delay damages.

B. The Defendant asserts to the effect that the part of the price for the non-paid steel bars amounting to the above 18,00 kilograms (=8,000km) out of the price for the non-paid steel bars, on March 13, 2017, and on March 10, 2017, were not supplied with the steel bars of 8,000km from the Plaintiff. Thus, the Defendant asserts to the effect that the part of the above 18,00 kilograms out of the price for the non-paid steel bars cannot be recognized.

2. Determination

A. Of the steel bars for which the Plaintiff seeks payment to the Defendant, the Defendant does not dispute that the Defendant is liable to pay the remainder of the steel bars with the exception of the part on the steel bars of 8,000 g on March 13, 2017 and the part on the steel bars of 10,000 g on March 21, 2017.

B. Furthermore, on March 13, 2017, the Plaintiff supplied the Defendant with the steel bars of 8,00 km and the steel bars of 10,000 g on March 21, 2017, and each of the above steel bars of 1,2,5,6,7,10,11 evidence (including each number number; hereinafter the same shall apply), Eul evidence Nos. 1 and 3, evidence Nos. 1 and 3, evidence Nos. 1 and 3, evidence Nos. 1 and 3, evidence Nos. 2, and evidence Nos. 9 (Evidence No. 2, No. 5) are submitted to the Defendant, without any difference in the form of delivery No. 2, the Plaintiff supplied to the Defendant at each of the above time, to the Defendant’s construction site.

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