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(영문) 청주지방법원충주지원 2014.04.10 2012가단9976
물품대금
Text

1. The Defendant shall pay to the Plaintiff KRW 19,49,440 as well as 20% per annum from November 17, 2012 to the day of full payment.

Reasons

1. The following facts shall be found either in dispute between the parties or in combination with the statements in Gap evidence 1 to 14 (including the number of each unit; hereinafter the same shall apply), Eul evidence 1 to 7, 10 to 16, witness B, and testimony in each statement in Gap evidence, witness B, and C.

A. On February 2012, the Defendant subcontracted the parts of the peltop, saf and safic construction work with the construction company Eienna Co., Ltd. (hereinafter “Eienna”), while entering into force upon a contract for the construction of a local campus business incubator (hereinafter “instant construction”).

B. Around April 2012, 2012, E re-subcontracted the structural construction of the instant construction to E (business title: F). E re-subcontracted it to E (i.e., the Plaintiff, the Defendant, and E., etc. using it as the “Tru Construction,” and (ii) re-subcontracted to E (hereinafter “Tru Construction”).

C. B while serving in E.N. on February 2012, when entering the Defendant as G and serving as the head of the instant construction site. On February 2012, the Plaintiff supplied materials worth KRW 66,04,440 to the instant construction site from February 27, 2012 to November 27, 2012 upon request from B to supply the construction materials at the instant construction site.

The Plaintiff stated the Defendant in part of the transaction specifications issued in the supply of materials equivalent to the above 66,04,440 won as part of the Defendant; part of this part as part; and part as part of Taejin Construction as the other party (takeover). Of the above 66,04,440 won, the Defendant’s future KRW 19,542,850 for the Defendant; KRW 7,057,750 for Ethical Co., Ltd.; KRW 33,439,80 for Taejin Construction.

The Plaintiff also issued a tax invoice related to the above supply in the name of the Defendant and some of the parties to the supply.

E. By January 23, 2013, the Defendant paid a total of KRW 46,545,000 to the Plaintiff as the price of materials.

2. The Plaintiff’s summary of the parties’ assertion is the Defendant.

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