물품대금
1. The plaintiff's primary claim against the defendants is dismissed.
2. Defendant B Co., Ltd. shall be KRW 49,871,300 to the Plaintiff.
1. Basic facts
A. E Co., Ltd. (hereinafter “E”) jointly with F Co., Ltd. and G Co., Ltd., the office of education of Chungcheongnam-do, Chungcheongnam-do, intended to undertake the new construction of I Middle School (hereinafter “new construction of this case”), which is executed at the H Day in Hong-gun, Hong-gun (hereinafter “the new construction of this case”). As a representative co-contractor, the Defendant C was appointed as the head of the field office to perform field management.
B. On June 2015, Nonparty Co., Ltd. (hereinafter “Defendant Co., Ltd”) and J Co. (hereinafter “J”) concluded a subcontract with each of the following agreements between Defendant B Co., Ltd. (hereinafter “Defendant Co., Ltd.”) and the Plaintiff Co., Ltd. (hereinafter “J”) on the instant new construction works, for the construction cost of KRW 2,459,60,000 and the construction period from June 22, 2015 to July 7, 2016.
(hereinafter referred to as the “instant subcontract”). (c)
From June 22, 2015, Defendant Company and J continued to carry out reinforced concrete construction work at the site of the subcontracted project in this case and suspended construction work around April 2016.
The Plaintiff is engaged in the construction of hardware, etc. and civil engineering materials sales business in the name of “K.” The Plaintiff entered into a contract to supply goods between the Defendant Company and the site of the subcontracted project in this case to March 29, 2016, supplied the construction materials, such as hardware equivalent to KRW 54,871,300 (including surtax) in total, from November 2, 2015 to March 29, 2016, and around February 2016, paid KRW 5,000,000 for the price of goods from the Defendant Company and then paid KRW 49,871,300 for the remainder of the price of goods.
E. In addition, the Plaintiff entered into a contract with the non-party company to supply goods, and from January 7, 2016 to April 30, 2016, the Plaintiff supplied the construction materials, such as hardware equivalent to KRW 13,750,550 (including surtax) at the site of the instant new construction project from January 7, 2016, and received KRW 2,00,000 as the price for goods from the non-party company around February 2016.
F. The plaintiff filed against the non-party company a balance of goods prices for the defendant company and goods price for the non-party company.