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(영문) 수원지방법원 2016.05.26 2015나36577
물품대금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Determination as to the cause of claim

A. Fact 1) The Plaintiff is a corporation that is engaged in the leasing of piping materials and wholesale and retail business, and the Defendant is a corporation that is engaged in the construction business, etc. (2) On November 6, 2013, the Defendant entered into a subcontract with the Pitex Korea Co., Ltd. (hereinafter “Pit Korea”) and the Gangwon-do Seocheon-gun B Village Development Project (hereinafter “instant pipeline facility construction”) with respect to the construction cost of KRW 180,950,00 for construction cost, from November 18, 2013 to December 5, 2013.

3) The Plaintiff issued an electronic tax invoice with the purport of each claim of KRW 15,488,792, which is a pipeline material equivalent to KRW 15,792, which is required for the instant pipeline facility construction, to the effect that the Plaintiff supplied goods, such as GEAR 10 K (Article 10), and the “supply recipient” means the Defendant’s business registration, trade name, address of the place of business, etc., and entered the Defendant’s business registration, trade name, place of business, etc., on November 30, 2013 (i.e., supply value of KRW 13,710,710,710), and KRW 407,011 on December 31, 2013 (i.e., supply value of KRW 370,010 ($37,001,000). 【Unfounded grounds for recognition, the purport of the entire pleadings as a whole, as well as the purport of arguments.

B. According to the above facts, the Plaintiff can be found to have supplied the Defendant with goods necessary for the pipeline installation works of this case. As such, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 20% per annum as stipulated in the Commercial Act from January 1, 2014 to May 20, 2015, the delivery date of the original copy of the instant payment order from January 1, 2014, to May 20, 2015, with 6% per annum as stipulated in the Commercial Act, Article 3(1) main text of the former Act on Special Cases Concerning Expedition, etc. of Legal Proceedings, and Article 3(1) main text of the former Act on Special Cases Concerning Expedition, etc. of Legal Proceedings (wholly amended by Presidential Decree No. 26553, Sep. 25, 2015).

2. Judgment on the defendant's assertion

A. The summary of the Defendant’s assertion is with the pipe Korea and the instant case.

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