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(영문) 대전고등법원(청주) 2016.07.26 2015나336

물품대금

Text

1. The part against the defendant among the judgment of the court of first instance is revoked, and the plaintiff's claim corresponding to the revoked part is revoked.

Reasons

1. Basic facts

A. The Plaintiff is a corporation established for the purpose of selling steel products, and the Defendant is a corporation established for the purpose of manufacturing and installing steel structures.

B. The Defendant received a contract from EF, Inc. (hereinafter “EF”), which is the main body of the logistics center (hereinafter “instant construction”) from EF, with respect to the materials to be used in the instant construction, and entered into a material supply contract with the Plaintiff on January 24, 2014 (hereinafter “instant contract”). The main contents of the contract are as follows.

Materials Supply Contracts

1. The ordering person: SP; and

2. The name of the subcontracted project: Supply of materials and supplies from among the construction works that are not the main body of the fashion group, the Yang Industrial Distribution Center;

4. Term of contract: The contract amount from January 24, 2014 to March 31, 2014: A settlement condition based on the final supply volume of KRW 3880,080,000 (including value-added tax) and the contract unit price is as follows: flor dek 2.5t x 200w x 40h x 28,000 square meters/ square meters, poppy for finish: 3,000 won/m.

6. Payment of the price: Cash decision, 10% of the advance payment (issuance of an advance payment), and approval at the end of the following month after the end of each month (based on approval by E.S.);

7. Items and quantities of items: 10. Scheduled date of the dispatch of the detailed statement by the person placing an order after the date: February 25, 2014 (Scheduled date).

C. On February 11, 2014, the Defendant paid KRW 38,808,00 to the Plaintiff as advance payment of the instant contract.

Since then, the instant construction was delayed due to the circumstances of EP, and the Defendant promised to preferentially pay the Plaintiff KRW 118,429,080 (hereinafter “additional advance payment”) equivalent to 30% of the price of supply of the instant contract by April 4, 2014.

E. As the Defendant did not make a request for order and an additional advance payment by April 4, 2014, the Plaintiff, on April 9, 2014, did not determine the delivery date as of April 9, 2014, even when the contract period had expired on March 31, 2014, and the Plaintiff completed the preparation of the material.