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(영문) 광주지방법원 2018.10.19 2017나62401
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 is a company that runs the wholesale and retail business of construction materials, and the Defendant is a company that runs the construction business.

B. The Plaintiff supplied construction materials equivalent to KRW 21,804,981 (including value-added tax) to the Defendant’s construction site from July 2016 to November 2016.

C. The Plaintiff received respectively KRW 1,886,500 as the price for the above materials from the Defendant on September 12, 2016, and KRW 3,502,40 as of October 13, 2016.

【Ground for Recognition: Unsatisfy, Gap evidence 1 to 5 (including a branch number; hereinafter the same shall apply)

(B) each entry, witness B’s testimony, and the purport of the entire pleadings

2. The assertion and judgment

A. According to the above facts finding as to the cause of the claim, the Defendant is obligated to pay to the Plaintiff the amount of KRW 16,416,081 (i.e., KRW 21,804,981 - KRW 1,886,500 - KRW 3,502,40) and damages for delay calculated at each rate of 6% per annum under the Commercial Act from December 1, 2016 to March 14, 2017, the delivery date of the copy of the complaint in this case, and 15% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the following day until the day of full payment.

B. The defendant's assertion argues that it is difficult to believe that the on-site agent's transaction was conducted by the method of signing after confirming the goods supplied by the on-site agent at the A construction site. The statement of transaction submitted by the plaintiff, such as where the above on-site agent's signature was omitted, and that there was no supply of the goods claimed by the plaintiff from the

However, the circumstances acknowledged that the above macroscopic evidence showed the overall purport of the pleadings, namely, ① the fact that the Plaintiff and the Defendant traded materials on the spot of construction, etc., and ② the Defendant’s on-site agent at the A construction site, supplied materials from the Plaintiff in this court, and ② the construction supervisor at the A construction site, supplied the materials from the Plaintiff, and did not sign the daily statement on the trading site due to the omission of the site.

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