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(영문) 서울중앙지방법원 2016.09.02 2015가합535775

공사대금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Defendant and Samsung C&T Co., Ltd. entered into a contract for the manufacture of miscellaneous steel products necessary for the instant construction with an infant construction company (hereinafter referred to as “child construction”) as a joint contractor of UAE nuclear power plant [UAE BNP(BP), a joint contractor of the instant construction project (hereinafter referred to as “instant construction”).

B. As for the construction of infant, the Plaintiff and the instant construction entered into a supply contract with respect to the ethyl pipes (SET PIPE) necessary for the instant construction and was supplied by the Plaintiff with ethyl pipes, etc.

C. On July 22, 2014, the construction of infant ordered ethyl pipes (ASM A53B) necessary for the instant construction work to the Plaintiff.

According to the above order, the Plaintiff supplied ethyl pipes (ASM A53B) equivalent to KRW 225,092,120 (hereinafter “instant goods”) to the port factory for infant construction, and the vessel that loaded the instant goods (104j) was departing from the port of Musan on November 8, 2014 to the port of Musan.

On November 23, 2014, the construction of young children filed an application for commencing rehabilitation procedures with the Daegu District Court. On January 8, 2015, the Daegu District Court rendered a decision to commence rehabilitation procedures as the Daegu District Court 2014 combined133.

In September 21, 2015, the construction of young children is currently in progress with the decision to authorize the rehabilitation plan.

【Ground of recognition】 The fact that there is no dispute, Gap 2, 3, 4, 10, 11, Eul 10, 15, the purport of the whole pleadings and arguments

2. The parties' assertion

A. In light of the Plaintiff’s nature of the instant goods as the cause of the Plaintiff’s claim and the form and degree of processing after delivery, the Plaintiff was entrusted with the manufacture of the instant goods from the construction of infant.

The rehabilitation procedure for the construction of infant, who is the principal contractor, is underway, and the Plaintiff, who was not paid the price of the instant goods, requested the Defendant, who is the ordering person, to pay the price of the instant goods directly with the official document dated December 19, 2014 and the content certification as of July 20, 2015.

The construction of infant who is the principal contractor is similar to the current payment suspension and bankruptcy.