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(영문) 대구지방법원 2016.10.28 2015가단47317
물품대금
Text

1. The Defendant shall pay to the Plaintiff KRW 50,344,643 and the interest rate of KRW 15% per annum from November 12, 2015 to the date of full payment.

Reasons

1. Facts of recognition;

A. On June 2, 2014, the Defendant was awarded a contract for construction cost of KRW 870,000,000 for the construction cost of electricity, telecommunications, and fire fighting among the new construction works of the Daegu Suwon-gu Building A, Daegu-gu, A from Lee Construction Co., Ltd., and completed the construction on or around September 23, 2015.

(hereinafter “instant construction project”). (b)

The Plaintiff supplied electric equipment equivalent to KRW 144,337,493 (including value-added tax; hereinafter the same shall apply) in total between November 1, 2014 and April 30, 2015, according to the orders of Section C, at the construction site of the instant construction site B, and supplied electric equipment equivalent to KRW 50,344,643 in total between May 1, 2015 and August 31, 2015.

C. The Defendant paid KRW 144,337,493 to the Plaintiff as the price for goods up to April 30, 2015.

[Identification Evidence] Facts without dispute, Gap evidence Nos. 1 through 13 (including a serial number; hereinafter the same shall apply), Eul's testimony, the purport of the whole pleadings

2. According to the above facts finding as to the cause of the claim, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 15% per annum from November 12, 2015 to the day following the delivery date of the original copy of the instant payment order, as the Plaintiff seeks after the supply date of the remaining goods price of KRW 50,344,643, and the aforementioned equipment and materials.

3. Judgment on the defendant's assertion

A. Defendant’s assertion 1) The instant construction site D unilaterally asked C to complete the framework construction of the instant construction site without the Defendant’s consent, and C, which is merely a daily employed worker, voluntarily requested the Plaintiff to supply the materials at the instant construction site without the Defendant’s consent, and the Plaintiff’s transaction began with the Plaintiff. Nevertheless, the Defendant believed that the Plaintiff properly supplied the materials, and paid KRW 144,337,493 for the goods up to April 3, 2015 according to the tax invoice issued by the Plaintiff.

3. At the time of commencing the transaction with the Plaintiff, the Defendant shall submit the materials to the Plaintiff.

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