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1. The defendant shall pay 121,00,000 won to the plaintiff and 12% per annum from December 20, 2019 to the date of full payment.
Reasons
1. Basic facts
A. On May 24, 2019, the Defendant ordered C (mutual name: D) to “E Model Housing Construction Work”.
B. The Plaintiff supplied a major household, etc. worth KRW 121,00,000 at the above construction site.
[Judgment of the court below] Facts without dispute, Eul's evidence No. 1, the purport of the whole pleadings
2. Determination
A. The plaintiff asserted that he supplied a household under a contract with the defendant.
Claimant and claim the price for the goods to the defendant.
As to this, the defendant asserted that the plaintiff did not have the right to claim the price for the goods because he entered into a household supply contract with C.
B. According to the evidence evidence evidence Nos. 2 and 3, the Plaintiff and the Defendant drafted the above settlement agreement in the sense that, on October 29, 2019, the supply price of the households supplied at the above construction site was KRW 121,00,000 (including value added taxes) and the payment date was made on November 8, 2019 (including the Plaintiff and C with the amount of household rent, and the Defendant drafted the said settlement agreement in the sense that there is a dispute between the Plaintiff and C with the amount of household rent, and in the sense that it is set up.
However, in light of the party who prepared the above settlement agreement and its contents, such assertion is not accepted), and the plaintiff issued tax invoice on October 31, 2019 to the party who supplied the defendant. In full view of this, the plaintiff entered into a contract with the defendant and supplied the defendant with the above household.
The evidence of No. 3 is inconsistent with the judgment, and the entry of No. 5 and No. 6 in the evidence of No. 3 is not believed, and the result of inquiry of facts about the president of the Labor Welfare Corporation of this Court shall not interfere with the above recognition.
Therefore, the Defendant is obligated to pay to the Plaintiff delayed damages calculated at the rate of 12% per annum from December 20, 2019 to the day of full payment, which is stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, after serving the original copy of the instant payment order for the payment of goods at KRW 121,00,000 for the Plaintiff.
3. The plaintiff's claim for conclusion is reasonable, and it is so accepted as per Disposition.