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(영문) 인천지방법원 2020.11.17 2020가단252450
물품대금
Text

The defendant 32,423,00 won to the plaintiff and 5% per annum from May 31, 2020 to July 24, 2020.

Reasons

Comprehensively taking account of the purport of the entire arguments in the evidence Nos. 1 through 7, it is recognized that the Defendant, the owner of the building, as shown in the attached Table No. 1, agreed to pay 32,423,000 won of the material price to the Plaintiff, the subcontractor on May 12, 2020, by May 30, 2020.

A A’s written statement of direct payment of the price for supporting evidence 3 is stipulated as “ May 30, 2020,” and the payment period is stipulated as “ May 12, 2020.” However, the Plaintiff filed a claim on the premise that the date of preparation and the payment period have been changed, and the Defendant did not specifically dispute this, so, the date of preparation and the payment period may be acknowledged as alleged by the Plaintiff.

Therefore, the defendant is obligated to pay to the plaintiff 32,423,00 won with 5% interest per annum prescribed by the Civil Act from May 31, 2020 to July 24, 2020 and 12% interest per annum prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment.

As to this, the defendant alleged to the effect that he paid the price in excess, but the evidence alone presented by the defendant is insufficient to acknowledge that the defendant paid the price in accordance with the above agreement after the above agreement, and there is no other evidence to acknowledge it. Therefore, the defendant'

Therefore, the plaintiff's claim is reasonable, and it is decided as per the disposition.

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