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(영문) 울산지방법원 2018.01.18 2017가단9489
물품대금
Text

1. The Defendant shall pay to the Plaintiff KRW 32,98,90 and the interest rate of KRW 15% per annum from June 30, 2017 to the day of complete payment.

Reasons

The Plaintiff, who runs a wholesale and retail business of building materials in the name of “B”, supplied the building materials, such as boarding days, implements, etc., to the construction of a new building of Ulsan-gun, Ulsan-gun, Ulsan-gun, the Defendant performed from November 3, 2014 to December 24, 2014. The unpaid amount of goods remains in KRW 21,195,90. The Plaintiff supplied the building materials, such as boarding days, implements, etc., to the construction of a new building of a building of a building of a building of a building of a building of a building of a building of a building of a building of the above D ground built by the Defendant from April 30, 2014 to July 15, 2014. The unpaid amount of goods remains in KRW 11,803,000, or can be recognized by comprehensively considering the overall purport of pleadings in each of the evidence Nos. 1, 4, and 5 (including various numbers).

According to the above facts, the defendant is obligated to pay to the plaintiff the total amount of KRW 32,98,900 (=21,195,900 won) and damages for delay calculated at the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from June 30, 2017 to the date of full payment, which is the day following the delivery of a copy of the complaint of this case.

The defendant asserts that, since E, the owner of the building for the construction of the above D-ground shopping building, directly supplied the building materials from the plaintiff, E, the owner of the building, should pay the price for the goods, it cannot comply with the plaintiff's claim.

However, in full view of the purport of the entire pleadings, E, the owner of the building, contracted the construction of the above commercial housing building to the Defendant. Accordingly, the Plaintiff supplied the building materials, such as the closing date and painting, and issued a tax invoice to the Defendant. As above, the Defendant processed the tax invoice normally, and the Plaintiff supplied the building materials to the construction site built by the Defendant in addition to the above construction site.

According to this, the above building materials are as seen earlier.

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