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(영문) 전주지방법원 2017.09.22 2016가단38629
물품대금
Text

1. The Defendant shall pay to the Plaintiff KRW 25,620,200 and the interest rate of KRW 15% per annum from November 16, 2016 to the date of full payment.

Reasons

1. Basic facts

A. From May 15, 2015 to December 8, 2015, the Plaintiff supplied ready-mixeds equivalent to KRW 62,174,000 at the site of the construction of the Gucheon-gun, Docheon-gun, the Defendant performed.

B. On July 1, 2015, the Defendant paid the Plaintiff KRW 36,53,800, totaling KRW 14,407,800 on September 24, 2015.

[Grounds for recognition] Gap evidence Nos. 1 through 4, the purport of the whole pleadings

2. Determination

A. According to the above facts, the Defendant is obligated to pay to the Plaintiff the amount of KRW 25,620,200 as the price for the goods (=62,174,000 - 36,553,800) and damages for delay calculated at the rate of 15% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from November 16, 2016 to the date of full payment, which is the day following the day when the Plaintiff’s written complaint was served, which is the day following the due date

B. The defendant asserts that, although the construction of the Kucheon-gun Corporation was the contractor of the construction of the Gucheon-gun Subdivision, he was supplied with ready-mixeds by subcontracting it in a lump sum to Amixs Co., Ltd., and thereafter, he paid the subcontract price to Amixs Co., Ltd.

However, there is no evidence to acknowledge the defendant's assertion.

Rather, according to the above evidence, an electronic tax invoice issued by the Defendant as “the recipient” was recognized, and the price of the goods was deposited in the Plaintiff’s account in the name of the Defendant.

Therefore, the defendant's above assertion is without merit.

3. Conclusion, the claim of this case is accepted on the ground of the reasons.

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