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(영문) 대전지방법원 2013.07.24 2013가합2263

물품대금

Text

1. The defendant shall pay 243,50,000 won to the plaintiff and 20% per annum from February 7, 2013 to the day of complete payment.

Reasons

Basic Facts

On December 17, 2010, the Defendant concluded a contract with the Korea Rail Network Authority for installation of communication facilities and equipment (hereinafter “instant construction”). On January 17, 2011, the Plaintiff Intervenor B Co., Ltd. (hereinafter “Plaintiff Intervenor”) concluded a contract with the Defendant to provide human resources, etc. to the instant construction (hereinafter “instant relevant contract”).

On April 22, 2011, the Plaintiff drafted a contract with the Defendant for construction work (hereinafter “instant contract”) at KRW 863,500,000 on a platform for radio video transmission of the instant construction project, a platform for radio video transmission and its installation (hereinafter “instant contract”).

The Defendant’s KRW 400,000,000 for the Plaintiff on April 22, 2011 and the same year

7. 220,00,000 won in total, and 620,000,000 won in total, were remitted to the Intervenor’s Intervenor on the date of the said transfer. The Defendant, as a subcontractor of the Plaintiff’s Intervenor, remitted KRW 154,00,000 to the Plaintiff’s Intervenor, and KRW 81,00,000 in total, to the dlimte Information and Communications designated by the Plaintiff’s Intervenor (on April 22, 2011), and KRW 100,50,000 in total (on July 19, 201), to the said dlimte Information and Communications (on July 19, 201), and KRW 335,50,000 in total.

On November 16, 2011, the Plaintiff supplied the Plaintiff’s assistant Intervenor with radio video equipment on the platform related to the instant construction project, and the supply price of the equipment is KRW 528,00,000.

[Ground of appeal] A’s evidence Nos. 1 through 4, A’s evidence Nos. 8-1 through 3, and the purport of the entire argument by the parties concerned, the gist of the Plaintiff’s assertion is that the Plaintiff supplied the Plaintiff’s Intervenor and the Defendant, and the Plaintiff’s Intervenor with wireless image equipment related to the instant construction project, the Defendant agreed to pay the price for supply of the equipment to the Plaintiff, and accordingly, the Plaintiff received the equipment from the Defendant’s Intervenor to the Plaintiff’s Intervenor in lieu of the payment for the work, and deliver the equipment to the Plaintiff’s Intervenor in lieu of the payment for the work by the Plaintiff.