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(영문) 대전지방법원 2019.10.16 2018가단22944
물품대금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The Plaintiff supplied construction materials equivalent to KRW 45,102,50 to the Defendant from September 6, 2017, on the grounds that there is no dispute between the parties, and thus, the Defendant is obligated to pay the Plaintiff the price of goods KRW 45,102,50 (hereinafter “the price of the instant goods”) and damages for delay from September 6, 2018, which is the day following the delivery of the original copy of the instant payment order, barring special circumstances.

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

A. The Defendant asserted that the construction price was not paid by the building owner, and the building E (hereinafter “instant E”) was paid in lieu of the payment of the instant goods. Since the instant E E was paid in lieu of the payment of the instant goods, the Defendant’s obligation to pay the price of the instant goods was extinguished.

B. Determination 1) Fully considering the evidence Nos. 3, 1, 2, and 3 of evidence Nos. 1, 1, 2, and 3, the witness testimony and the purport of the entire pleadings, G entered into a contract with H Co., Ltd. for new construction of multi-household housing in Daejeon, and the Defendant subcontracted the construction work from H Co., Ltd.; ② the Plaintiff supplied construction materials in connection with the Defendant’s construction work; ③ the owner of the building completed the construction work but failed to pay the construction cost; ③ the Defendant decided to accord and pay the instant subparagraph to the Defendant; ④ the Defendant decided to pay the Plaintiff the price of the instant goods; ⑤ the Plaintiff paid the instant subparagraph Nos. 198, 974,80 won to the Plaintiff; ⑤ the Plaintiff completed the registration of transfer from G on November 30, 2017 to KRW 13,000 + 6,974,800,000,000 won to KRW 137,137,2017.

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