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(영문) 제주지방법원 2019.11.27 2018나10821
자재대금
Text

The judgment of the first instance, including the plaintiff's claim extended by this court, is modified as follows. A.

The defendant.

Reasons

1. The fact that the Plaintiff did not dispute, from July 24, 2013 to April 2014, the fact that the Plaintiff supplied the Defendant with necessary construction materials, etc., to the site in relation to the 7 and 8 sections of the Jeju-si Hotel Construction Corporation (hereinafter “instant Construction”) executed by the Defendant, does not conflict between the parties.

2. Judgment on the plaintiff's claim

A. The gist of the Plaintiff’s claim is that the Plaintiff did not receive part of the price of construction materials, etc. supplied to the Defendant as above, and thus, the Plaintiff sought payment of the unpaid price and damages for delay.

Amount of unpaid miscellaneous materials, tinboards, etc. related to Section 7: Amount of 15,948,696 Miscellaneous materials, tinboards, etc. related to Section 8: -4,653,50 won in total of 109,175,976 won (i.e., KRW 97,880,780, KRW 15,948,696 - KRW 4,653,597 won in addition to KRW 120,093,573 won (= KRW 109,175,976 won in total of KRW 10,917,597)

(b) Determination 1) A (including paper numbers; hereinafter the same shall apply)

) The respective statements in the Evidence Nos. 42 and 48 to 54, and the testimony of the first instance witness E added the whole purport of the pleadings, the Plaintiff’s total amount of KRW 319,912,423 (including value-added tax; hereinafter the same shall apply) in relation to the instant construction project to the Defendant from July 2013 to April 2014, as follows:

3) Miscellaneous materials related to Section 7: Miscellaneous materials related to Section 7: 120,93,774 won: 139,464,424 won were supplied to D; however, the Plaintiff related to Section 7: 4,510,660 won: 41,325,405 won related to Section 8: 13,618,160 won: 319,912,423 won (i.e., KRW 120,93,74 won) and KRW 139,464,424 won: 460,610,605 won and KRW 1325,660; 2013,418,618,160 or KRW 408,208; 201,340,000 won and KRW 130,410,610,605 won and KRW 428,1616,2040).3) of the evidence as stated in the evidence.

Miscellaneous materials related to Section 7,

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