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(영문) 광주지방법원 2018.06.26 2017가단22181
물품대금
Text

1. The Defendant’s KRW 43,870,156 for the Plaintiff and KRW 5% per annum from September 7, 2017 to June 26, 2018.

Reasons

1. According to the overall purport of Gap evidence No. 1, Gap evidence Nos. 5-1 through 7, and Eul evidence Nos. 5-2, and the whole purport of the pleadings as to the cause of the claim, the plaintiff supplied the defendant with equipment materials, such as pipes, equivalent to the sum of KRW 75,962,048, to be invested in the construction site of a new building in C from January 2, 2014 to April 2014, and the defendant paid the plaintiff KRW 75,962,00,000 on March 28, 2014 as above, and the amount of the supplied materials as above to the plaintiff KRW 10,00,000 on April 24, 2014, and KRW 5,000 on September 25, 2014.

Therefore, the defendant is obligated to pay 52,962,048 won as the price for goods invested in the new construction of a building in C, and damages for delay thereof, unless there are special circumstances to the plaintiff.

2. Judgment on the defendant's defense of payment in kind

A. On August 7, 2014, the Defendant asserted that the payment of the price of the goods was made in kind by transferring the ownership of the F Building G in Jeju to the Plaintiff’s wife D in the future.

Around August 7, 2014, the fact that the Defendant transferred the ownership of F building G, one of the above new buildings that the Plaintiff designated, from the contractor of the construction work, to the wife of the representative director of the Plaintiff designated by the Plaintiff, at the time of the payment of the construction price by the contractor of the construction work in lieu of the payment for the construction price, may be recognized in accordance with the respective descriptions of the evidence Nos. 2 and 3

Meanwhile, according to the written evidence Nos. 3, 17-1 through 3, and 3 of the evidence Nos. 1 to 3, and the reply to the order to provide financial transaction information to H unions of this court, and the whole purport of the pleadings, the Plaintiff supplied the Defendant with materials, such as pipes at the construction site of the F building and Iriri, in Jeju-si, constructed by the Defendant from August 2013 to August 2014. The Defendant transferred the Plaintiff’s ownership to the Plaintiff’s wife as payment for the said goods price claim; the Defendant’s F building G at the time the Plaintiff transferred the Plaintiff’s ownership to the Plaintiff’s wife; the Defendant’s F building construction and the goods supplied at the construction site of Iri-S or the site as of August 7, 2014.

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