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(영문) 대전지방법원천안지원 2016.11.23 2015가단18936

물품대금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. A. On June 3, 2015, the Defendant entered into a contract and the subcontract agreement with C Apartment (hereinafter “instant apartment”) with the council of occupants’ representatives for the full replacement of the water supply pipes of the instant apartment (hereinafter “instant apartment”).

The Plaintiff received a subcontract from the Defendant around June 2015 at KRW 451,00,00 (including value-added tax) for the instant construction project, as of June 22, 2015, and as of September 21, 2015, on the date of completion.

(hereinafter) The Plaintiff and the Defendant’s above contract (hereinafter “instant subcontract”). The Plaintiff commenced the instant construction work from June 22, 2015 according to the instant subcontract.

B. On August 3, 2015, during the instant construction period, the Plaintiff and the Defendant’s representative drafted a written confirmation of cancellation of construction works (hereinafter “written confirmation of cancellation of construction”) stating the following (hereinafter “written confirmation of cancellation of construction”).

(B) The terms and conditions of the written confirmation shall be transferred as they are, but only the name of the parties shall be in accordance with the instant lawsuit. The written confirmation shall be revoked with the Plaintiff, a subcontractor of the instant construction project.

It is confirmed that the original contractor will undertake all the construction works, and all kinds of insurance, such as employment insurance, industrial accident insurance, etc., are paid by the original contractor.

C. On September 10, 2015, D, the Defendant’s on-site agent (on-site agent) signed a document related to materials supplied at the instant construction site (hereinafter “data-related confirmation document”). On one page of the material-related confirmation document, D, stating that “The confirmation that the construction materials related to the instant construction are stored and used or loaded within the site as follows,” is attached to each list stating the items, size, unit, quantity, cost of materials (unit, amount), cost of materials (unit, amount), cost of materials (unit, amount), volume of brought-in, total amount, etc. of various materials necessary for the instant construction project for the two pages through 14 pages. D, at the bottom of the material-related confirmation document, is indicated as “D for the Defendant and on-site agent”.