beta
(영문) 서울북부지방법원 2017.02.10 2014가단133686

전부금

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. On March 26, 2009, the Defendant entered into a sales commission agreement with the member system of the company (hereinafter “Nonindicted company”) on the supply of “vehicle protection fences, rail railing, and pipe water materials for installing pents” among the Saemangeum General Development Project, as follows:

(hereinafter “instant fee contract”). If the non-party company entered into a government-funded material supply contract through the defendant’s business activities, 30% of the contract amount shall be paid from the non-party company as sales fees in the case of Aluminium vehicle protection fence and Aluminium rail.

The non-party company shall receive advance payment after the contract for the supply of government-funded materials, or pay 15% of the contract price for the first-lane after the completion of the financial loan in accordance with the contract, and the remaining 15% shall be paid in proportion to the non-party company's flag

B. The non-party company entered into a contract with the Public Procurement Service (Demand Agency: the Saemangeum Project Foundation of the Korea Rural Community Corporation) to supply vehicle protection fences to the construction site of the Saemangeum Sea. From July 13, 2010 to June 27, 2011, the non-party company received the total amount of KRW 1,114,81,250.

C. Meanwhile, from around 208 to December 31, 201, the Defendant was supplied with a rail and protective note from the non-party company, and failed to pay KRW 250,222,696 for the goods. From May 31, 2012, the Defendant paid KRW 20,000 to the non-party company for the amount of KRW 230,222,696 for the goods.

Meanwhile, the Plaintiff was issued a claim attachment and assignment order (hereinafter “instant assignment order”) with respect to the claim against the Defendant of the non-party company as the claim amounting to KRW 5,222,69 with the Daejeon District Court Decision 2013 tea 2160 on July 18, 2013, based on the payment order (Seoul Northern District Court Decision 2013Da2160) and the claim amounting to KRW 55,22,69 on July 18, 2013. The instant assignment order was served on the Defendant on July 23, 2013, and on November 26, 2013.