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(영문) 부산지방법원 2014.12.17 2014가단56481
매매대금
Text

1. The Defendant shall pay to the Plaintiff KRW 23,392,00 and interest rate of KRW 20% per annum from July 18, 2014 to the day of complete payment.

Reasons

1. The fact that the Plaintiff supplied ready-mixed to the Defendant from January 6, 2014 to February 12, 2014, which was not paid KRW 23,392,00, out of the amount of ready-mixed does not conflict between the parties, or that the Plaintiff did not dispute between the parties, and that the Plaintiff’s judgment on the cause of the claim was recognized by comprehensively taking account of the overall purport of the pleadings as set forth in subparagraphs 2, 3-1, and 2.

According to the above facts of recognition, the defendant is obligated to pay to the plaintiff 23,392,00 won of the above ready-mixed and damages for delay calculated at the rate of 20% per annum from July 18, 2014 to the day of full payment, as requested by the plaintiff, after the delivery date of the copy of the complaint of this case to the defendant, as agreed by the plaintiff.

2. Judgment on the defendant's assertion

A. The Defendant alleged that the Defendant did not directly order the Plaintiff, and that the Defendant should claim the price of the ready-mixed since A, who received a package subcontract from the Defendant, ordered the ready-mixed while overall construction, ordered the Defendant to do so. However, it is insufficient to recognize the fact only with the statement of the certificate No. 1, and there is no other evidence to acknowledge it.

The defendant's above assertion is without merit.

B. The defendant asserts that if the plaintiff's business division B sent a public notice on July 23, 2014 and the letter of order for purchase of ready-mixed by facsimile on August 1, 2014, the plaintiff's business division B sent the above documents to the plaintiff, and thus it is impossible to accept the plaintiff's request. However, each statement in the evidence Nos. 2 and 3 alone is insufficient to acknowledge the defendant's above assertion, and there is no other evidence to acknowledge it.

The defendant's above assertion is without merit.

3. In conclusion, the plaintiff's claim is justified and it is so decided as per Disposition.

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