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1. The Defendant shall pay to the Plaintiff KRW 45,401,50 and interest rate of KRW 20% per annum from May 22, 2014 to the day of complete payment.
Reasons
1. Basic facts
A. A. On June 2013, the Defendant performed the landscaping work of Songsan-gu, Ulsan-gu (hereinafter “instant construction work”).
B. The Plaintiff, while engaging in sales business of industrial materials, etc. with the trade name “B”, supplied 720,401,505 won of the goods, such as wallets and machinery tools, etc., during the aforementioned construction site from June 2013 to October 2013, and received 27 million won.
[Ground of recognition] Facts without dispute, Gap evidence 1-1, 2-2, Gap evidence 2-3, Gap evidence 1-5, Gap evidence 4, the purport of the whole pleadings
2. The parties' assertion and judgment
A. The plaintiff's major assertion (1) The plaintiff asserted that the plaintiff supplied the defendant, who is the contractor of the instant construction project, with the goods, such as armoreds, machinery tools, etc., to the defendant.
The defendant is liable to pay the price for the goods unpaid to the plaintiff.
(2) The defendant's assertion that the plaintiff supplied goods to the above company while trading with D operated by the non-party C as the defendant's subcontractor, but did not trade with the defendant or provide goods to the defendant.
The defendant is not liable to pay the price for the goods to the plaintiff.
B. The fact that there is no dispute over the sales market, Gap evidence 1-2, Gap evidence 1-2, Eul evidence 2-2, and Eul evidence 4-2, and the fact-finding results on the Dongsan Tax Office, are shown in the whole purport of the pleadings. In other words, it is presented a confirmation document to the effect that the plaintiff, from June 2013 to October 2013, requested the payment by issuing a written claim and then filed a claim for the payment under the defendant's name from June 2013 to June 200, the defendant transferred part of the claim amount to the defendant, and the plaintiff issued and reported an electronic tax invoice for the supply of goods, and the defendant also received goods from the plaintiff, and Eul submitted a confirmation document to the effect that "the plaintiff directly supplied goods to the defendant."