beta
(영문) 서울남부지방법원 2015.11.06 2015나3285

물품대금

Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to be paid below shall be revoked.

Reasons

1. Basic facts

A. On October 2, 2010, the Defendant entered into a contract for the construction of a new building C (hereinafter “instant construction”) with a forest comprehensive construction company (hereinafter “forest comprehensive construction”), setting the construction cost as KRW 2.42 billion (including value-added tax) with respect to the construction of a new building C (hereinafter “instant construction”).

B. On November 15, 2011, the Plaintiff supplied the instant construction with fire-fighting pumps products worth KRW 26620,000,000 as necessary for the instant construction.

(hereinafter referred to as the "price of this case") 2,6620,000 won.

On January 15, 2012, 2012, comprehensive forest construction agrees to pay directly to the subcontractors of the instant construction project, such as the Plaintiff, Dok Construction Co., Ltd., Dok building stones Construction Co., Ltd., and Ykdong Pream Co., Ltd., by the Defendant. The contract deposit for construction is paid at the time necessary for each process. The contract deposit for construction shall be paid at the time of each process, and the balance of the contract deposit shall be submitted to the construction site and the building shall be deposited directly after the completion of the construction site and the completion of the construction (the establishment of the bank loan) shall be paid."

On April 6, 2012, the Defendant paid KRW 4 million to the Plaintiff.

E. On June 18, 2012, D, which was the head of the instant construction site site, prepared a certificate of direct payment of KRW 2,620,000 to the owner of the building (a certificate No. 2 of this case; hereinafter “instant certificate of direct payment”) stating that “A, upon completion, the Defendant confirms that the Plaintiff would directly pay the Plaintiff KRW 2,262,00,000 to the Plaintiff as soon as the loan was established

F. Around October 2012, the Plaintiff prepared a settlement certificate (Evidence A 3) stating that “In the event that the unpaid amount is paid in KRW 22620,000,000,000 for the instant goods, there shall be no accounts payable in connection with the instant construction project,” and around that time, the Plaintiff’s statement to the Defendant