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(영문) 서울서부지방법원 2015.03.19 2014가합5142

자재대금

Text

1. The Plaintiff’s rehabilitation claim against the Plaintiff, Dong Branch Construction Co., Ltd. is KRW 128,94,472 and the Plaintiff’s rehabilitation claim on June 2014.

Reasons

1. Basic facts

A. Subcontract 1 between the Debtor Rehabilitation and East Construction Co., Ltd. and the Hansan Construction Co., Ltd. (hereinafter referred to as the “Rehabilitation Co., Ltd.”)

(1) The term “instant original contract” means the construction work for the Army, Gun, and Military Installations Private Investment Facilities (hereinafter “instant original contract”).

(2) On September 27, 2012, the rehabilitation company concluded a subcontract with the term of contract of KRW 6,963,00,000 (including value-added tax) for the mechanical facility works (hereinafter referred to as the “subcontract”) among the original contract works in the instant case on September 27, 2012, with the term of contract fixed from September 27, 2012 to May 31, 2014, the warranty bond rate of KRW 3%, and the warranty bond period of KRW 3 years.

(hereinafter “instant subcontract”). (b)

1) The Plaintiff’s agreement on the supply of goods and the direct payment of material costs to the Hansan Stage was prepared 1) between around 2012 and around 2013, and the Plaintiff’s joint supply of goods and joint payment of material costs to the Hansan Stage, which is materials necessary for the subcontracted construction, to the Hansan Stage (hereinafter “instant goods”).

) A contract to supply the goods (hereinafter referred to as “instant contract for the supply of the goods”).

(2) Around September 9, 2013, the Plaintiff concluded the instant goods and supplied the instant goods, and (2) Around September 9, 2013, the Plaintiff and the Defendant agreed to provide a direct payment agreement with respect to material costs as follows:

was drawn up.

Consent for Direct Payment of Materials Cost

1. At the request of the rehabilitation company for the direct payment of the Plaintiff’s material costs among the subcontracted projects in this case, Hansan can carry out the following procedures, and Han Hansan agrees thereto:

2. Pursuant to paragraph 1, a rehabilitation company shall pay directly to the Plaintiff in the following order:

1) The Plaintiff’s claim is made by presenting an executory exemplification after confirming the amount of credit (the cost of materials indicated in the final calculation statement) and the amount of credit (the cost of materials indicated in the final calculation statement).