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(영문) 인천지방법원 부천지원 2018.07.04 2018가단1416
물품대금
Text

1. The Defendant shall pay to the Plaintiff KRW 65,681,30 and the interest rate of KRW 15% per annum from January 19, 2018 to the day of complete payment.

Reasons

The fact that the Plaintiff supplied jointboards, materials, etc. to the site of reinforced concrete construction among the new construction works of Gangnam-gu Seoul Metropolitan Government ground D-based officetels built by the Defendant from April 2017 to September of the same year, but did not receive 65,681,330 won out of the price of the goods, is not a dispute between the parties.

As the cause of the claim in this case, the Defendant re-subcontracted the above reinforced concrete construction work to Nonparty E, and the Plaintiff was supplied with the Gohap, etc. from the Plaintiff.

Comprehensively taking account of the overall purport of the arguments in each of the evidence Nos. 1, 2, 2, 8, 10-1, and 2 of the evidence Nos. 1, 13 and 6, the Plaintiff may recognize that the Plaintiff incurred tax invoices against the Defendant, the fact that the Plaintiff reported value-added tax, and the Defendant remitted part of the price of the goods to the Plaintiff, and that the Defendant repaid part of the price of the goods to the Plaintiff. According to the above facts of recognition, it is reasonable to deem that the Plaintiff supplied the said goods to the Defendant. As such, the Defendant is obligated to pay to the Plaintiff damages for delay at the rate of 15% per annum as stipulated in the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from January 19, 2018 to the date of complete payment.

If so, the plaintiff's claim shall be accepted for the reasons of the judgment as per Disposition.

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