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(영문) 대구지방법원상주지원 2019.02.20 2018가단2522
물품대금
Text

1. The Defendant shall pay to the Plaintiff KRW 66,519,500 and the interest rate of KRW 15% per annum from October 23, 2018 to the date of full payment.

Reasons

1. Determination on the plaintiff's claim

A. The fact that the Plaintiff supplied an amount equivalent to KRW 66,519,500,00 from September 12, 2017 to June 6, 2018, which was determined as to the cause of the claim, is either a dispute between the parties or may be recognized by examining the purport of the entire pleadings in each of the statements in subparagraphs 1 and 2, which are written in Articles 1 and 2.

Therefore, barring special circumstances, the defendant is obligated to pay 66,519,500 won for ready-mixed and delay damages to the plaintiff.

B. As to the Defendant’s assertion, the Defendant, at the Plaintiff’s request, prepared a written consent for direct payment to the owner, and thus, the Plaintiff is entitled to pay the price to the owner, and the Defendant is not liable.

According to the statement in Eul evidence No. 1, it is recognized that the defendant prepared a written statement of non-performance that he/she agrees to pay 68,516,500 won of ready-mixed price to the owner D directly.

However, the direct payment agreement for the subcontract price for which the contractor’s obligation to pay the subcontract price is extinguished must be reached between the ordering person, contractor, and subcontractor (Article 14 of the Fair Transactions in Subcontracting Act and Article 35 of the Framework Act on the Construction Industry). Therefore, solely with the above direct payment agreement, there was a direct payment agreement between the Plaintiff, Defendant, and D to pay the price for the subcontract price that the Plaintiff, Defendant, and Defendant

It is not sufficient to recognize that the plaintiff renounced the claim against the defendant for the amount of ready-mixed, and there is no other evidence to recognize it.

Therefore, the defendant's above assertion cannot be accepted.

C. On October 23, 2018, the following day following the delivery of the original copy of the instant payment order to the Plaintiff, the Defendant is obligated to pay the Plaintiff damages for delay calculated by 15% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from October 23, 2018 to the day of full payment.

2. Conclusion, the plaintiff's claim.

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