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(영문) 광주지방법원 2016.07.14 2016가단11665
물품대금
Text

1. The Defendant’s KRW 89,519,960 for the Plaintiff and its related KRW 5% per annum from December 19, 2012 to April 21, 2016.

Reasons

1. Party’s assertion as to the cause of claim;

A. The Plaintiff loaned the Plaintiff’s license to the Defendant who proceeds from the construction of the Gwangju-gu building B (hereinafter “Nonindicted Company”) and sought payment of KRW 89,519,960 and damages for delay that were not paid out of the amount of ready-mixed supplied from January 19, 2012 to October 8, 2012.

B. The plaintiff's claim for the supply of ready-mixed is a non-party company that is not the defendant, and the defendant has agreed to pay the non-party company's obligation to the plaintiff. Thus, the plaintiff's claim is unreasonable.

2. In addition to the written evidence Nos. 1 and 2, considering the overall purport of the pleadings, the construction work of the building Newly constructed in Gwangju Nam-gu was conducted in the name of the non-party company. However, the construction work was conducted by the non-party company while the defendant, who did not own a construction business license, was supplied with necessary ready-mixeds from the plaintiff to October 8, 2012. The total amount of the price was KRW 164,519,960, and the defendant received the above construction work but gave up the above construction work.

In light of the above circumstances, the actual party to the ready-mixed supply contract asserted by the Plaintiff shall be deemed to be the Defendant. The Defendant is obligated to pay damages for delay at each rate of 89,519,960 won for ready-mixed which the Plaintiff asserted that it had not been repaid to the Plaintiff and each rate of 5% per annum from December 19, 2012 to April 21, 2016, which is the date of delivery of a copy of the complaint of this case, as requested by the Plaintiff, from the date following the last supply date to April 21, 2016 (Civil Act) and from the next day to the date of full payment.

3. Conclusion, the plaintiff's claim of this case is justified.

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