(영문) 의정부지방법원 2016.12.09 2016나7020

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(영문) 의정부지방법원 2016.12.09 2016나7020

물품대금

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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 asserted that the Plaintiff supplied the construction materials by concluding a contract with the Defendant for the supply of the construction materials, but the Defendant did not pay KRW 2,527,042 of the said price of supplied goods.

Therefore, the defendant is obligated to pay to the plaintiff KRW 2,527,042 and delay damages.

B. Defendant’s assertion 1) The party who entered into a contract with the Plaintiff for the supply of building materials with the Defendant is not the Defendant, but the Defendant is not the Defendant. Therefore, even if the Defendant entered into a contract for the supply of building materials with the Plaintiff, 130 out of 260 each of the 260 households asserted by the Plaintiff that the Plaintiff was supplied on April 6, 2012, and 516,800 won for return should also be deducted.

Therefore, the amount that the Defendant is liable to pay to the Plaintiff is KRW 1,100,242 (=2,527,042 - 910,000 for each increase of KRW 130 - 516,800)

(1) Of the judgment of the court of first instance, the Defendant is only dissatisfied with the part against the Defendant ordering payment in excess of KRW 1,100,242 among the judgment of the court of first instance. The defense of extinctive prescription asserted in the court of first instance is deemed to have been withdrawn, and no separate determination is made. 2. According to the overall purport of each of the statements and arguments and evidence No. 1 through No. 7 (including each number number) of the judgment of the court of first instance, the Plaintiff is indicated as the Defendant’s name at the time of receipt of the order to supply the construction materials, such as pipes, to the company that delivers the construction materials, hardware, etc. to the owner of the building on March 1, 2012, after receiving an order to request the Defendant to supply the construction materials, such as pipes, from March 2, 2012 to April 23, 2012, and the Plaintiff supplied the construction materials in excess of KRW 10,527,042 to the construction site of this case.

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