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1. The Defendant’s KRW 131,807,632 as well as 20% per annum from December 18, 2014 to September 30, 2015 to the Plaintiff.
Reasons
1. Basic facts
A. On July 15, 2013, the Plaintiff entered into a contract for goods supply to supply building materials, such as steel bars, to the construction site of this case, between the Non-party General Construction Project (hereinafter “instant construction”) and the Non-party General Construction Project, the contractor of the instant construction site, who is the contractor of the instant construction project (hereinafter “the instant construction project”).
(hereinafter “instant commodity supply contract”). B.
The Defendant entered into a contract with Nonparty ELC Construction (hereinafter “ELC Construction”) on the instant construction project, and the construction was suspended while performing construction work since August 2013 according to the said contract.
C. From September 2013, the Plaintiff supplied construction materials, such as steel bars equivalent to KRW 131,807,632, at the instant construction site, from around September 2013, pursuant to the instant goods supply contract.
On September 3, 2013, the Plaintiff issued each electronic tax invoice of KRW 131,80,632, including the total of KRW 87,751,840, and the total of KRW 44,05,792,000,000,000,000,000,000,000,000,000,000,000,000.
【Ground of recognition】 The fact that there has been no dispute, Gap 3, 4, Eul 1 through 6 (including numbers), and the purport of the whole pleadings
2. The parties' assertion
A. The plaintiff's assertion that the plaintiff supplied goods to the defendant, the contractor that was modified according to the contract for the supply of goods in this case, and thus, the defendant is obligated to pay the price for the goods and the damages for delay
B. The defendant's assertion did not have concluded a contract for the supply of goods with the plaintiff, and the defendant does not have the duty to pay the price for the goods under the contract for the supply of goods.
3. Determination
A. The facts of recognition are as follows: (a) the Defendant entered into a contract with ELC Construction and continued construction from around August 2013 pursuant to the said contract; and (b) the Plaintiff supplied building materials, such as steel bars, from around September 2013; and (c) the Plaintiff was the person to whom the Defendant was supplied with the said building materials, and (d) the Plaintiff’s total amount of KRW 131,807,632 on October 29, 2013, respectively.