(영문) 수원지방법원안산지원 2019.05.20 2018가합852

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(영문) 수원지방법원안산지원 2019.05.20 2018가합852

물품대금

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1. The Defendant’s KRW 363,817,300 as well as annual 6% from July 4, 2018 to July 13, 2018 to the Plaintiff.

Reasons

Facts of recognition

around November 30, 2015, the Defendant, a company conducting electrical construction business for supply of and demand for electricity, communications construction business, communications construction business, etc. of the Defendant, was contracted by C with the Co., Ltd. on or around November 30, 2015, with the price of KRW 3,202,280,415 (including the total amount of taxation and non-taxation, value-added tax), November 30, 2015, and January 31, 2018 as of the date of completion.

(E) On November 27, 2017, the Defendant and C entered into a contract with the Defendant to supply and install the Home Network System Equipment (hereinafter “E”) as part of the instant electrical and telecommunications construction (hereinafter “the instant goods”), the terms of payment for KRW 363,817,300 (including value-added tax), the terms of payment for the terms of “no advance: 90% of the contract amount; 10% of the contract amount after completion of trial driving; and 10% of the contract amount; and the supply and installation as of January 15, 2018.

Since then, E supplied and installed the instant goods in accordance with the above contract, and confirmed the completion of installation by the Defendant on March 9, 2018, and completed the trial operation around that time.

On June 11, 2018, E transferred the instant claim to the Plaintiff, and notified the Defendant of the assignment of the claim on July 2, 2018. On July 3, 2018, the said notification was issued to the Defendant.

[Ground of recognition] Facts without any dispute, Gap 1, 2, 3, 4, 5, Eul 5-1, 2, and Eul 9, and the purport of the whole pleadings

A. According to the above facts, the defendant is obligated to pay 363,817,300 won and delay damages to the plaintiff who acquired the claim for the price for the supply and installation of the goods of this case, unless there are special circumstances.

B. As to this, the Defendant entered into a contract for the supply and installation of E and the instant goods around December 2015.

유사 판례

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-광주지방법원 2020.09.25 2020고단1037

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