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(영문) 대전지방법원공주지원 2019.08.22 2018가단22793
물품대금
Text

1. Defendant B’s KRW 44,950,00 for the Plaintiff and KRW 15% per annum from November 7, 2018 to May 31, 2019.

Reasons

1. Basic facts

A. Defendant C, around 2017, contracted to 70 million won a plastic house construction work on the land E (hereinafter “instant construction work”) on the ground of Chungcheongnam-gun, Geumsan-gun, Chungcheongnam-gun, Inc. (hereinafter “D”), and agreed to pay KRW 35 million, which Defendant C bears upon entering into a contract, at the time of entering into a contract, at KRW 35 million from the Agricultural Technology Center.

B. Defendant C paid KRW 35 million to D on May 24, 2017, and received subsidies of KRW 24.5 million from the Agricultural Technology Center on June 28, 2017, and paid KRW 10 million to D on August 16, 2017. On September 21, 2017, Defendant C received subsidies of KRW 10.5 million from the Agricultural Technology Center on September 22, 2017.

C. D received materials, such as pipes, used in the instant construction from the Plaintiff, and Defendant B, who operated D, prepared a letter of payment to the Plaintiff on February 27, 2018, stating that “Seoul would pay in installments the amount of KRW 34 million out of KRW 34,858,900,000 from March 2018 to May 2018.”

On the other hand, on November 14, 2008, Defendant B prepared and delivered to the Plaintiff each letter of loan stating that “F will pay 5.2 million won out of 8.2 million won to the Plaintiff, until November 14, 2008, the remainder of 3. million won by November 19, 2008, respectively, by November 17, 2008,” and that “the Plaintiff will pay 2.75 million won by November 20, 2008” on November 17, 2008.

[Reasons for Recognition] Unsatisfy, entry of Gap evidence 1 to 4, entry of Eul evidence 1 and 2, the purport of whole pleadings

2. According to the facts acknowledged prior to the determination as to the claim against Defendant B, Defendant B, together with the remaining material cost of KRW 34 million, the subrogated contract amount of KRW 8.2 million, the loan amount of KRW 2.75 million (= KRW 8.2 million) and the loan amount of KRW 4.95 million (= KRW 8.2 million) and the payment order of this case after each due date, as sought by the Plaintiff, shall be affixed after the delivery date of the payment order of this case as requested by the Plaintiff.

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