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(영문) 춘천지방법원원주지원 2020.02.11 2019가단57390
물품대금
Text

1. As to KRW 155,258,410 and KRW 147,252,750 among the Plaintiff, the Defendant shall pay to the Plaintiff KRW 8,05,660 from February 13, 2019.

Reasons

Comprehensively taking account of the overall purport of the arguments in Gap evidence Nos. 1 through 7 (including paper numbers), the fact that the plaintiff supplied ready-mixeds to the defendant who runs the construction business at the request of the defendant by the end of December 2018, that the defendant, not the owner of the construction, paid the price of ready-mixeds to the plaintiff, and that the defendant confirmed February 12, 2019 that the price of ready-mixeds unpaid to the plaintiff was KRW 147,252,750, and that the plaintiff additionally supplied ready-mixeds worth KRW 38,33,360 to the defendant from February 22, 2019 to June 5, 2019, it is recognized that the plaintiff was not paid KRW 8,05,660 among them.

Therefore, the Defendant, as a party, is obligated to pay 155,258,410 won in total and 147,252,750 won in total from February 13, 2019 to February 13, 2019, 8,005,660 won, which the Plaintiff seeks after the final supply date, from June 6, 2019 to October 30, 2019, the delivery date of a copy of the instant complaint against the Defendant, from June 30, 2019 to October 30, 2019, and from the next day to the date of full payment, 12% per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings.

As to this, the defendant did not arrive at the expiration date of the "entire payment after completion" which is the due date for the contract.

However, there is no evidence to acknowledge each of the above arguments, the defendant's above assertion is not acceptable in the case of C site, although it is alleged that the plaintiff suffered losses by supplying commodities that do not reach the specifications required by the plaintiff.

Therefore, the plaintiff's claim of this case is accepted on the ground of the reasons.

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