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(영문) 광주지방법원 2015.11.20 2014나14746

물품대금

Text

1. The part against the plaintiff corresponding to the money ordered to be paid under the judgment of the court of first instance shall be revoked.

The defendant.

Reasons

1. Basic facts

A. The Plaintiff is a corporation incorporated for the purpose of civil engineering work, etc. for the purpose of electric equipment, general lighting fixture, retail business, etc.

B. On September 11, 2012, the Defendant: (a) concluded a construction contract with C, an electrical construction business, etc. with the name of “B”; (b) concluded a construction contract with respect to the Defendant’s remodelling interior works of the Defendant’s office located on the second floor of the building D (hereinafter “instant construction works”); (c) from September 11, 2012 to October 25, 2012; and (d) KRW 135 million of the construction cost (excluding material cost, KRW 10 million, labor cost, KRW 35 million, value-added tax; and (e) agreed to purchase materials only for the materials determined by the owner (the Defendant).

(hereinafter “instant contract”). (c)

On November 24, 2012, the Plaintiff supplied lighting fixtures, etc. at the construction site of this case.

On December 3, 2012, the Defendant remitted KRW 7 million to the account held in the Plaintiff’s name. On December 13, 2012, the Plaintiff issued an electronic tax invoice of KRW 12 million to the Defendant on December 13, 2012.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 3, the purport of the whole pleadings

2. Determination as to the cause of claim

A. The parties’ assertion (1) The Plaintiff concluded a contract for the supply of lighting fixtures with the Defendant. As such, the Defendant is obligated to pay the Plaintiff the remaining amount of KRW 5,012,00 (=12,012,000- already paid KRW 7,00,000).

(2) Defendant (A) The Defendant’s representative director E did not directly dismiss the lighting fixture, and E did not directly go with the lighting fixture.

Even if it is a matter of the content of the instant contract that the owner of the building (the Defendant) decides to purchase only the materials determined by the owner.

(B) The Defendant’s remittance of KRW 7,000,00 to the Plaintiff on December 3, 2012 is directly in accordance with the agreement between C and C to settle the case in a direct manner of payment to the subcontractor.

(C) The Plaintiff shall carry out lighting fixtures at the construction site of this case in accordance with the agreement with C for the supply of lighting fixtures.