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(영문) 수원지방법원평택지원 2017.11.03 2017가단54942
물품대금
Text

1. The Defendant’s KRW 74,470,460 as well as 6% per annum from July 1, 2014 to August 11, 2017 to the Plaintiff.

Reasons

In light of the aforementioned facts, the Plaintiff is a merchant who supplies miscellaneous materials and safety materials for framework construction with the trade name of “B,” and the Defendant is a corporation for the purpose of indoor construction construction business, etc. from May 15, 2014 to June 30, 2014, the Plaintiff supplied the Defendant with 74,470,460 won of miscellaneous materials and safety materials for shipbuilding construction in Gyeonggi-do (hereinafter “instant facility construction”) to the Defendant during the period from May 15, 2014 to June 30, 2014. According to the above facts of recognition, barring any special circumstance, the Defendant is obligated to pay the Plaintiff 74,470,460 won of the cost of supplying materials, and damages for delay from the date following the date of final transaction to the date of delivery of copies of the complaint of this case by 15% per annum prescribed by the Commercial Act.

In regard to this, the Defendant supplied materials under the guarantee of payment by Scar Construction Co., Ltd. (hereinafter “Scar Construction”), and the Defendant also did not receive the construction cost for the instant facility construction from Scar Construction. Therefore, the Plaintiff asserted to the purport that the Plaintiff should claim the cost of supplying materials against Scar Construction. As such, the Defendant’s assertion does not constitute a defense to block the Plaintiff’s claim. Therefore, it is without merit by itself.

Therefore, the plaintiff's claim of this case shall be accepted for the reasons of its reasoning, and it is decided as per Disposition.

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