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(영문) 의정부지방법원 2018.12.06 2018가단119483
물품대금
Text

1. The Defendant: (a) KRW 113,52,540 for the Plaintiff and KRW 6% per annum from May 23, 2015 to June 4, 2018; and (b) for the Plaintiff.

Reasons

1. The facts of recognition are corporations whose purpose is to manufacture and sell ready-mixed; the defendant is a corporation for construction business, etc.; the plaintiff and the defendant entered into a contract with the plaintiff to supply ready-mixed at the construction site of the government B B B B B B performed by the defendant (hereinafter "the construction of this case") on December 10, 2014; according to the above contract, the plaintiff supplied ready-mixed to the defendant from December 13, 2014 to May 22, 2015; the fact that the price was 113,52,540 does not conflict between the parties, or the fact that the price was 113,52,540 is 13,52,540 is 3 or 4 is recognized by taking account of the overall purport of pleadings in each of the statements in the evidence No.

2. 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 113,522,540 of the supply price of ready-mixed and delay damages calculated at each rate of 6% per annum under the Commercial Act from May 23, 2015, which is the day following the last supply date until June 4, 2018, on which the original copy of the payment order in this case was served on the Defendant, and 15% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the following day until the day of full payment.

3. The judgment of the defendant's assertion is that C, the implementer of the construction project of this case, agreed to transfer the ownership of the loan newly constructed by the construction project of this case to the plaintiff in lieu of the payment of the price for the supply of ready-mixed, and thereby, C, the implementer of the construction project of this case, shall be deemed to have acquired the defendant's obligation to the plaintiff as exempted from liability. Thus, the plaintiff's claim is unjust

In lieu of paying the debt owed to the Plaintiff by the C and the Plaintiff, the executor of the instant construction, “C on May 7, 2015,” the Plaintiff transferred the ownership of Nos. 201 and 202 of the building B located in the Gu-si owned by C to the Plaintiff, and if the Plaintiff fully pays the price of ready-mixed by the completion of the said building, the contract is null and void, and C is the Plaintiff.

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