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(영문) 청주지방법원 2019.08.23 2018가단9722
물품대금
Text

1. The Defendant shall pay to the Plaintiff KRW 159,552,468 and the interest rate of KRW 15% per annum from September 20, 2018 to the date of full payment.

Reasons

1. Judgment on the plaintiff's assertion

A. The Plaintiff is a person who engages in wholesale and retail business with the trade name of “C”, and the Defendant is a company established for the purpose of reinforced concrete construction business, etc. (2) On December 2016, the Plaintiff entered into a contract with the F Co., Ltd. (hereinafter “F”), which was subcontracted out by the Cheongju-si D apartment construction company E (hereinafter “E”), to supply the F with materials such as miscellaneous materials, safety supplies, etc. necessary for the said construction, and accordingly, supplied miscellaneous materials, safety supplies, etc. to the said construction site from around that time to May 2017.

3) However, around June 5, 2017, E notified F of F that the subcontract was terminated as of March 31, 2017 due to F’s nonperformance, and entered into a subcontract on the said construction with the Defendant around May 2017, the Plaintiff entered into an agreement with the Defendant on May 2017, as to the said construction. (4) The Plaintiff supplied the Defendant with miscellaneous materials, safety goods, and other materials necessary for the Defendant’s reinforced concrete construction built by the Defendant, and issued a tax invoice for the goods as of the end of each month, and the Defendant entered into a contract on the supply of goods that the Plaintiff shall pay the Plaintiff the price for the goods by the 25th of the following month (hereinafter “instant contract”). At the time, the Defendant agreed to pay the Plaintiff the price for the goods supplied by the Plaintiff from March 25, 2017 to May 2017.

5) Under the instant contract, the Plaintiff supplied miscellaneous materials, safety supplies, etc. to the Defendant from May 25, 2017 to July 2018, including the said construction site, to the Defendant at the Chungcheong-si construction, H construction, I, J construction, Mayang-gun construction, and the government city construction site. 6) The Plaintiff agreed to pay the amount of the goods supplied to F and the Defendant from March 25, 2017 to May 2017.

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