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(영문) 청주지방법원 2015.09.17 2015가합1168
물품대금
Text

1. The Defendant shall pay to the Plaintiff KRW 565,448,750 as well as 20% per annum from April 25, 2015 to the date of full payment.

Reasons

1. The fact that the Plaintiff operating “B gas station” for the determination of the cause of the claim supplied the Defendant with oil equivalent to KRW 565,448,750 from November 31, 2013 to July 25, 2014 does not conflict between the parties, or can be acknowledged by comprehensively taking into account the purport of the entry in the evidence No. 1 and the entire pleadings.

According to the above facts, the defendant is obligated to pay to the plaintiff 565,448,750 won for the price of goods and damages for delay at the rate of 20% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from April 25, 2015 to the day of full payment, as requested by the plaintiff, after the date of the above supply of goods.

2. Judgment on the defendant's assertion

A. The gist of the defendant's assertion is as follows, on the grounds that the defendant cannot respond to the plaintiff's claim.

In other words, LAWC Co., Ltd. (hereinafter “LAWC”) was awarded a contract for the construction of 18 holes of Rabacacacacacacacacacacacacacacacacacacacacacacacacacacacacacacacacacacacacacacacacacacacacs (including value added tax) for the said construction from LAcacacacacacacacacacacacacacacs, and then requested for the payment of the above amount equivalent to the above goods payment amount to the Plaintiff out of the subcontract amount. As such, the Defendant’s above goods payment obligation against the Plaintiff pursuant to Article 14 of the Fair Transactions in Subcontracting Development Act or Article 35 of the Framework Act on the Construction Industry was extinguished within the scope of the amount requested directly paid as above.

(b) first, pursuant to Article 14 of the Subcontract Act or Article 35 of the Framework Act on the Construction Industry.

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