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(영문) 인천지방법원 2018.12.06 2018나58854

물품대금

Text

1. Of the parts concerning the counterclaim against the judgment of the court of first instance, the following amounts shall exceed the amount ordered to be paid:

Reasons

1. Basic facts

A. The Plaintiff is a company that engages in manufacturing business, such as wooden products for construction, with the trade name of “D”, and the Defendant is a company that engages in wooden business, etc.

B. On November 19, 2015, the Defendant entered into a subcontract between E and E with the Defendant on the condition that E enter into a subcontract with the Defendant, as shown below (Evidence B-1-1), to subcontract construction cost of KRW 370,000,000, as the following subcontract document (hereinafter “instant construction”).

1. Project owner: The name of the E prime contractor: New construction of the F collective housing;

2. The name of the subcontracted project: Harho Lake project;

3. Place of construction: H in terms of harmony.

4. Period of construction: (Commencement) on November 19, 2015 (Completion) the contract date on March 31, 2017: 370,000,000 won (including value-added tax).

6. On November 19, 2015, the principal contractor’s name: (i) a claim made once a month; (ii) 60 days from the date of receipt of the Doshe objects; and (iii) 100% in cash: The name of the principal contractor E: The name of the representative director: The name of the principal contractor: Defendant : (iv) 42,730,920 on April 2, 2016, which is the name of receipt of the payment date and the name of remittance, (v) 10,52,79 won on May 2, 2016; (v) 30,208,200 won on June 3, 2016; and (v) 43,60,600 won on August 14, 2016; and (v) 6, 1965, Oct. 16, 2015; and (v) 15, 2016.

C. The Defendant re-subcontracted the instant construction work to the Plaintiff in November 2015, and the Plaintiff, at that time, supplied the goods to the said construction site and suspended the said construction work in November 2016.

(C) From April 2, 2016 to December 14, 2016, the Defendant paid the Plaintiff KRW 250,313,519, in total, the construction cost and the amount of goods as listed in the following table:

(C) fact that there is no dispute. D.

The defendant shall undertake the construction of this case through another construction company from December 2016 and shall continue the construction of this case in December 2017.