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Reasons
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(영문) 대전지방법원 2017.08.30 2016가단38723
물품대금
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1. The Defendant shall pay to the Plaintiff KRW 34,469,160 and the interest rate of KRW 15% per annum from October 13, 2016 to the date of full payment.

Reasons

1. Basic facts

A. On September 23, 2015, the Plaintiff supplied water pipes, etc. equivalent to KRW 34,469,160 in total (hereinafter “instant goods”) to the Defendant’s construction site on October 2, 2015, and KRW 27,512,760 in total, October 2, 2015, and October 12, 2015.

B. On September 23, 2015 and October 12, 2015, A signed “City Party A” in each transaction specification on supply as of October 12, 2015, and B signed “B” under the name of “Defendant” in the name of “Defendant” in the transaction specification on supply as of October 2, 2015.

C. The Plaintiff, who was supplied with the Defendant following the supply of the instant goods, issued an electronic tax invoice (hereinafter “instant tax invoice”) with the total amount of KRW 6,956,40 on September 30, 2015, and ② the total amount of October 31, 2015, which constitutes 27,512,760 (hereinafter “instant tax invoice”).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. The parties' assertion

A. Since the Plaintiff’s assertion received an order on the instant goods from the Defendant and delivered the instant goods to A and B designated as the recipient of the order, it would be deemed that the Plaintiff and the Defendant concluded a supply contract on the instant goods and completed the delivery thereof.

Therefore, the defendant is obligated to pay to the plaintiff 34,469,160 won for the goods of this case and damages for delay.

B. The defendant is not the defendant's assertion, but the contractor A and B, who was awarded a contract by the defendant, entered into a contract for the supply of the goods of this case with the plaintiff, and the defendant is not obligated to pay the goods

3. Comprehensively taking account of the overall purport of the statements and arguments by Gap evidence Nos. 4 through 8 and 9, the plaintiff supplied water pipes to the defendant's construction site on July 15, 2015. The plaintiff signed the name "C" under the name of "the defendant" entered in the column for the consignee of the transaction specifications related thereto, and the plaintiff supplied the water pipes on July 29, 2015.

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