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(영문) 광주지방법원 2016.05.18 2015나12662
물품대금
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. The Defendant, on July 23, 2013, was awarded a contract for reinforced concrete construction works from the Geum River Construction Co., Ltd. during the construction period of KRW 1,226,50,00 (including value-added tax) and from July 24, 2013 to November 20, 2015.

[Ground of recognition] Unsatisfy, entry of Eul evidence 1, purport of whole pleadings

2. The Plaintiff’s assertion and judgment made at the Defendant’s request from August 1, 2014 to August 19, 2014, the Plaintiff supplied strings equivalent to 5,454,240 won (including value-added tax) at the construction site prescribed in paragraph (1). The Defendant’s representative director D agreed to pay the price. Thus, the Defendant is liable to pay 5,454,240 won and damages for delay to the Plaintiff.

However, even if the plaintiff supplied the cargo pumps at the above construction site, it is not sufficient to recognize that the statement of No. 1 alone is sufficient to acknowledge that the plaintiff agreed to pay the price by the defendant's request or by the defendant's representative director D, and there is no other evidence to acknowledge it.

Therefore, the plaintiff's assertion is not accepted.

3. The plaintiff's claim for conclusion is dismissed as it is without merit, and the judgment of the court of first instance is just in conclusion, and the plaintiff's appeal is dismissed.

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