자재대금 청구의 소
1. The Defendant (Counterclaim Plaintiff) paid KRW 263,696,787 to the Plaintiff (Counterclaim Defendant) and its amount from September 1, 2014 to May 22, 2015.
1. Basic facts
A. B, from July 1, 2011, was engaged in manufacturing, wholesale and retail business, such as waterproof board and building materials, with the trade name “A”.
B. On September 1, 2012, B concluded with the Defendant a contract with the following terms and conditions (hereinafter “instant lease agreement”) to manufacture the instant waterproof board by leasing one unit of PU factory (hereinafter “instant factory”) from the Defendant in Jincheon-gun, Jincheon-gun, Jincheon-gun (hereinafter “instant factory”).
Article 3 [Lessee's Duty to Pay Rent] The defendant shall pay rent free of charge on the condition that B provides only the defendant with the whole quantity of waterproof plates for the upper floor which are produced in the defendant's factory.
Article 8 [Reversion of Products Manufactured] Products produced by the operation of the above factory by B shall belong to the defendant, and the supply of products shall be limited to the defendant.
Article 9 [Scope of Use of Object] B shall use and benefit from the above factory to the extent necessary for the manufacture of products and the management and work of their employees, and preserve it with the care of a good manager, and may not use it for other purposes or provide it as security.
C. B supplied the Defendant with prefabricated bathing materials, such as a waterproof board (hereinafter “instant waterproof board”) from October 2012 to August 2014.
B: (a) On November 3, 2014, the Plaintiff Company was established; (b) on November 28, 2014, the Defendant transferred the claim for material costs, such as the waterproof board, to the Plaintiff; and (c) on April 13, 2015, the Defendant notified the Defendant of the transfer of the said claim.
[Ground of recognition] Facts without dispute, Gap evidence 2, 8, 9, Eul evidence 2-2, Eul evidence 3-1, the purport of the whole pleadings
2. Comprehensively taking account of the overall purport of the pleadings as to the claims filed by Gap, Nos. 4, 5, and 6, the Plaintiff supplied the Defendant with a total sum of KRW 3,241,527,487 from October 31, 2012 to August 31, 2014, and the Defendant paid KRW 2,43,264,725 out of the price of the above materials to the Plaintiff.