beta
(영문) 서울남부지방법원 2015.04.21 2014가단49528

물품대금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The following facts may be acknowledged in full view of the following facts: (a) the Plaintiff and the Defendant did not dispute each other; (b) evidence Nos. 1 through 3; (c) evidence No. 6-1; and (d) evidence No. 1; and (e) the purport of the entire pleadings.

On October 2, 2010, the Defendant awarded a contract for the construction of the building C in 200,000 won to the non-party comprehensive forest construction company (hereinafter “non-party comprehensive construction company”) and the construction cost was determined as KRW 2,20,000,00,000 including value-added tax.

B. Around November 15, 2011, the Plaintiff supplied a commercial comprehensive construction company with fire-fighting pumps products, and the price determined as KRW 2,6620,00 (hereinafter “the price for the instant goods”) including value-added tax.

C. On January 15, 2012, a forestry comprehensive construction company consents to the Defendant’s direct payment of the down payment and the balance of the construction contract to the Plaintiff. The construction contract amount shall be paid at the time necessary for each process, and the balance shall be paid in direct deposit after the completion of on-site construction and submission of the defect guarantee certificate to the commercial construction company, and the construction completion (the establishment of bank loan) shall be agreed to directly deposit after the completion of the construction. (No. 6-1 and the following (hereinafter “the instant direct payment consent”).

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

E. On June 18, 2012, Nonparty D signed a document stating that “the direct payment of KRW 2,2620,000 to the Plaintiff is confirmed immediately after the completion of the construction work” (No. 2) was directly signed by Nonparty D as a field agent for a forest comprehensive construction company, stating that “the direct payment of KRW 2,262,00 to the Plaintiff is verified.”

F. On October 2012, the Plaintiff paid KRW 20,2620,000,000 payable around the instant construction project.