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(영문) 대구고등법원 2015.08.13 2014나23226

물품대금

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. Samsung C&T Co., Ltd. (hereinafter “T&T”) contracted between the Korea Western Industries Co., Ltd. and the Korea Western Industries Co., Ltd. (hereinafter “G&T”) to the Gangnam Construction Co., Ltd. (hereinafter “G&D”) during the construction.

On October 14, 2013, the river construction was subcontracted to the Defendant, and the Defendant subcontracted each of the instant construction to C Co., Ltd. (hereinafter “C”) on October 25, 2013.

On November 12, 2013, the Plaintiff re-issued the instant construction work with a total of KRW 521,850,000 per ton of the construction cost (excluding value-added tax) as the total of KRW 1470,000 per ton of the construction cost.

B. On December 17, 2013, C’s representative director D prepared a written statement of direct payment (hereinafter “instant written statement of direct payment”) with the following contents and sent it by facsimile to the Defendant. The Defendant sent the Defendant’s official seal to C by facsimile at the Defendant’s request on the written statement of direct payment received by facsimile and again sent it to C by facsimile.

Since the smooth payment of the price by C, which is the place of the order of the instant construction, has been interrupted, the instant construction cost is requested by the Defendant to be directly paid to the Plaintiff, and the amount indicated below is deemed to have been received by C: 355 tons ¡¿ 1,470,000 won/metric tons = 521,850,000 won (excluding value-added tax) additional quantity shall be directly settled between the Plaintiff and the Defendant.

C. The Plaintiff produced steel scrap metal pursuant to the instant construction (hereinafter “instant goods”) from December 19, 2013 to December 24, 2013, which was after preparing a written statement of refusal to the position of the Plaintiff, and delivered it to the river construction.

The Plaintiff received damages for delay from April 24, 2014 for delay up to 574,035,000 won (including KRW 521,850,000 x 1.1, and value added tax) based on the written consent for the direct refusal of the position in the instant case from Gangnam Construction and KRW 290,000,000,000 for principal amounting to 574,035,000.

【Ground of recognition” has no dispute, and evidence A of No. 1 through 6.