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(영문) 수원지방법원 평택지원 2018.11.02 2018가단58538
물품대금
Text

1. The Defendant calculated the Plaintiff at the rate of 15% per annum from June 18, 2018 to the date of full payment.

Reasons

1. Facts of recognition;

A. The Plaintiff is an individual entrepreneur who supplies building materials (such as steel products, etc.) with the trade name of “C,” and the Defendant is an individual entrepreneur who runs a construction business, such as boiler construction business. From around 2013, the Defendant continued to receive input materials from the Plaintiff at the construction site at the downstream that the Defendant received from the Plaintiff.

B. Upon the Defendant’s request from November 201, 2013 to November 201, 2017, the Plaintiff supplied construction materials worth KRW 56,255,670 in total at a construction site constructed by D (facilities), E, F, and G. The details are as follows.

Serial 1 D (Facilities) 14,580,190 won 2 E 24,350,980 won 3F (H) 5,255,400 won 4 G 12,069,100 won

C. Since then, around November 22, 2017, the Defendant agreed to settle the large amount of construction materials to be paid between the Plaintiff and the Plaintiff as KRW 43 million.

【Ground for Recognition: Facts that there is no dispute between the parties or do not clearly dispute, and the purport of the whole entries and arguments in Gap 1 and 2 (including each number)

2. According to the above facts finding as to the cause of the claim, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff 43 million won for construction materials under an agreement made on November 22, 2017 and damages for delay calculated at the rate of 15% per annum as prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from June 18, 2018 to the date following the delivery of a copy of the complaint.

3. It is so decided as per Disposition by the assent of all participating Justices, on the ground that the plaintiff's claim of this case is reasonable.

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