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(영문) 대구지방법원 2016.01.22 2013나17658
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. Basic facts

A. The Plaintiff received a request for supply of ready-mixed at the first construction site on May 2012 from the side of the Seogcheon-gu, Seogcheon-gu, Daegu Metropolitan City, as well as supply of ready-mixed in accordance with the name and quantity designated by the achieved Gun.

On May 11, 2012, 201, 25-16. 36. 8. 20, 205 " 221,694, 00, 300 on July 26, 2012, 200 8. 25-24-150 on June 8, 2012, 200 20-24-150 on July 9, 2012, 310 20,310 " 665,082,000 on July 26, 2012, 2005 202, 36. 8. 5. 205, 205, 200, 302, 30, 310, 30-10, 8. 8. 208, 208

B. On the other hand, on May 11, 2012, when the Defendant had been performing the said primary construction work by a contract from the achievement group, requested the Plaintiff to supply ready-mixed as indicated below separately from the ready-mixed that the achievement group requested the Plaintiff. Accordingly, the Plaintiff supplied ready-mixeds worth KRW 21,417,660 in total at the above construction site.

[Ground of recognition] Unsatisfy, Gap evidence 1, 2, Eul evidence 1 to 3, and 5 (including Serial Nos. 1 to 5)

2. According to the above facts finding as to the cause of the claim, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 20% per annum from June 14, 2013 to the day of full payment, as claimed by the Plaintiff, as well as from June 14, 2013, the day following the delivery of the copy of the complaint in this case, to the day of full payment.

3. Judgment on the defendant's assertion

A. The defendant's assertion 1 construction site is supplied to the achievement group by the plaintiff, and the defendant is from the achievement group.

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