물품대금
1. The plaintiff's claim is dismissed.
2. Litigation costs shall be borne by the plaintiff.
1. Matters related to the price for materials required for the construction of apartment rooms in an orchard of basic facts;
A. On December 2012, the Defendant awarded a contract to the National Energy Co., Ltd. (hereinafter “National Energy”) for the construction of “the 9 general pipes and fire extinguishing pipes (1, 2 tools)” (hereinafter “instant construction”).
The Plaintiff entered into a contract to supply the national energy necessary for the aforementioned construction with the materials, such as a sprinkler and nitrote return (hereinafter “instant supply contract”), and accordingly, supplied the materials to the national energy from January 2013 to October 2013.
B. On November 19, 2013, the National Energy and the Plaintiff drafted a direct payment agreement stating that “The Defendant agrees to the payment of KRW 32,198,765 to the Plaintiff of the materials that the national energy should pay to the Plaintiff directly.”
C. The Defendant: (a) related to the instant First Project, KRW 3,541,864 on January 24, 2014; and (b) the same year for the Plaintiff.
2. 20.12,366,060 won was paid. D.
On March 25, 2014, the Plaintiff sent to the Defendant a certificate of content that “The Plaintiff shall pay the remainder of 16,290,841 won to the Defendant by March 31, 2014, after deducting KRW 15,907,924 (i.e., KRW 3,541,864 won (= KRW 12,366,060), which was already paid out of KRW 32,198,765, which was in direct payment,” and the said certificate of content reaches the Defendant.
Matters concerning the price of materials for the construction of dormitories in 1000,000
E. On October 2013, the Defendant awarded a contract to the national energy for “the construction of a new public dormitory in thecheon-gu Armed Forces” (hereinafter “instant second construction”).
The Plaintiff entered into a contract for the supply of materials, such as the fixed quantity valve necessary for the above construction to the national energy (hereinafter “instant supply contract”), and accordingly, supplied the materials to the national energy from October 2013 to March 2014.
F. However, the national energy has aggravated its financial standing after November 2013.