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(영문) 부산지방법원동부지원 2019.04.11 2018가단9168
물품대금
Text

1. The Defendant shall pay to the Plaintiff KRW 49,00,000 and the interest rate of KRW 15% per annum from August 1, 2018 to the day of complete payment.

Reasons

1. Basic facts

A. The Plaintiff is running a sales business of building materials under the trade name of “D”, and the Defendant operated a mutual company of “E”.

B. On April 22, 2015 and June 30, 2015, the Plaintiff supplied the Defendant with building materials, including a total of KRW 65 million (excluding surtax), and received reimbursement from the Defendant.

[Ground of recognition] Unsatisfy, Gap's 1 to 3, the purport of the whole pleadings

2. According to the above facts of recognition, the defendant is obligated to pay to the plaintiff the amount of 49 million won for the goods unpaid and the delay damages therefor.

Therefore, the defendant asserts that the plaintiff was not paid the price by F, the principal contractor, the corporation, but the plaintiff was not paid the price of the goods. However, this cannot be a legitimate ground for refusal of the plaintiff's claim, and there is no sufficient evidence to acknowledge it.

3. According to the conclusion, the Defendant is obligated to pay the Plaintiff the amount of KRW 49,00,000 for the goods and the amount of KRW 15% per annum from August 1, 2018 to the date of full payment, which is the day following the delivery of the original copy of the instant payment order, to the day of full payment. Therefore, the Defendant is obligated to accept the Plaintiff’s claim.

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