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(영문) 대구지방법원 포항지원 2018.07.17 2016가단106924
물품대금
Text

1. The Defendant’s KRW 67,158,855 as well as the Plaintiff’s annual rate of KRW 6% from January 1, 2016 to January 10, 2017.

Reasons

1. The Plaintiff is a company engaged in the manufacture and sales business of ready-mixeds, the extraction and sales business of aggregate, etc., and provided ready-mixeds to the Maintenance Corporation of the Mountainous River Port Area 1 ordered by the Defendant.

The maintenance project in the area 1 of the Busan River Sphere was divided into Section 1 and Section 2, and the construction has been carried out.

The defendant requested the plaintiff through the Gyeonggi-do Inter-Industrial Cooperative, through three occasions, to submit the 3,689 cubic meters to the 1st section, and the 7,033 cubic meters to the 2nd section, respectively, for the total volume of 10,722 cubic meters from the 10,033 cubic meters. The plaintiff finally supplied the 10,656.5 cubic meters from the 2nd section.

As to this, the Defendant supplied and processed only after examining only the Section 2, Section 6,364 cubic meters from 9,520 cubic meters (i.e., 10,65 cubic meters from 3,156 cubic meters), and paid only the remaining 1,136.5 cubic meters (=10,656.5 cubic meters - 9,520 cubic meters) on the ground of budget shortage.

Accordingly, on November 2015, the Plaintiff prepared a document stating that “A public official belonging to the Defendant, who was in charge of the overall management of the instant construction, requested the Defendant to pay the price several times,” “The pending issue of inspection of government-funded materials 1,136 cubic meters in terms of the difference between the quantity of supplied materials and the quantity of inspection, 981 cubic meters in terms of the design base volume, 981 cubic meters in terms of the government-funded materials unit budget in 2015, 15 in preference to the payment of the price in 156 cubic meters in terms of the government-funded materials unit budget in order to secure the budget thereafter.”

On December 31, 2015, the Defendant examined the quantity set up against the Plaintiff in 156 cubic meters and paid KRW 10,580,100 to the Plaintiff.

The amount of 980.5 cubic meters not paid by the Defendant (i.e., 1,136.5 cubic meters - 156 cubic meters) is 67,158,855 cubic meters.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 9, purport of the whole pleadings

2. Determination

A. According to the above facts finding as to the cause of the claim, the Defendant shall pay the Plaintiff the unpaid amount of KRW 67,158,855 cubic meters of the above 980 cubic meters and the final payment date as sought by the Plaintiff.

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