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(영문) 인천지방법원부천지원 2015.10.14 2015가단9662

물품대금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Comprehensively taking account of the overall purport of the pleadings as to the evidence Nos. 1 through 5 as to the cause of the claim, the Plaintiff entered into a contract to supply a lecture file to the Defendant on March 6, 2014 (on March 28, 2014), and thereafter, it can be acknowledged that the Plaintiff supplied the Defendant with a lecture file equivalent to KRW 37.73 million (hereinafter “instant materials”).

According to the above facts, the defendant is obligated to pay to the plaintiff 37730,000 won of the material price of this case and damages for delay.

2. The Defendant’s assertion asserts that the Plaintiff received the price of the instant materials directly from the Korea Electric Power Corporation.

In full view of the statement No. 7-2 of the evidence No. 7 and the fact-finding inquiry reply to the Korea Electric Power Corporation in this court, the Namyang General Construction Corporation (hereinafter “Namyang General Construction”) concluded with the Korea Electric Power Corporation a contract for the construction of facilities for supplying electricity in the South and North Jin area of the Korea Electric Power Corporation and subcontracted part of the contract to the Defendant, the Korea Electric Power Corporation, the South and North General Construction Corporation, and the Defendant made an agreement on July 28, 2014 to the effect that “the construction in South and North Korea is directly paid to the Defendant, and the Defendant agrees that the material cost is directly paid to the supplier, etc.,” and the Korea Electric Power Corporation paid 3730,000 won to the Plaintiff on September 25, 2014 in lieu of the Plaintiff.

According to the above facts, it is reasonable to view that the Plaintiff received by the Korea Electric Power Corporation the payment of the material price of this case to be paid by the Defendant to the Plaintiff, and therefore, the Defendant’s obligation to pay the material price of this case was extinguished.

The plaintiff is part of the total construction cost from the Korea Electric Power Corporation.