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(영문) 인천지방법원 2016.07.14 2015가합57528

물품대금

Text

1. The defendant,

A. The Plaintiff Incorporated Co., Ltd. shall be fully paid KRW 285,211,310 and its related amount from October 29, 2015.

Reasons

1. Basic facts

A. On August 2014, the Defendant was awarded a subcontract for the construction work, such as the furniture, etc. of the 21st block apartment building construction, which was executed by Hando Construction Co., Ltd. from Hando Construction Co., Ltd.

The Plaintiffs supplied the Defendant with materials, such as a part of the said construction work.

B. The Plaintiff Construction Industry Co., Ltd. (hereinafter “Plaintiff Construction Industry”) supplied goods, such as IMD equivalent to KRW 621,711,310 from June 2014 to April 2015, directly to the construction site of the said new construction site, and received KRW 336,50,000 as the price for the said goods from the Defendant.

C. Plaintiff Hyundai Asian Es. (hereinafter “Plaintiff Hyundai Es.”) supplied the Defendant with parts, such as cremation and cremation equivalent to KRW 283,829,700 (including KRW 96,829,700,000 as a result of the transaction made on December 12, 2014, and value added tax) directly to the said new construction site, and received KRW 170,000,000 as the price for the said goods from the Defendant.

[Reasons for Recognition] Facts without a partial dispute, Gap evidence Nos. 1, 2, 4, 5, 7 through 22, and 27 (including each number), the overall purport of the pleading [including each number] is the statement of transaction in the defendant's name stating the name and telephone number of the transporter and transferee at the time of delivery of the above goods to the construction site by Hyundai AS as the statement of transaction in the defendant's name at the time of delivery of the above goods to the construction site. It seems to be the same form as the statement of transaction (Evidence No. 7-2) prepared by the defendant's other subcontractor company at the construction site. It can be sufficiently recognized that the quantity of goods specified in the above statement of transaction was supplied to the construction site.]

2. Determination

A. According to the above facts finding as to the cause of the claim, the defendant is the defendant's 285,211,310 won for the remaining goods (=621,711,310 won - 336,500,000 won), and the remaining goods price for the plaintiff Hyundai Amateurs (=283,829,700 won - 170,000 won).