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(영문) 인천지방법원 2018.03.21 2017가단206488

약정금

Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. On July 1, 2015, E&C Co., Ltd. (hereinafter “E&C”) was awarded a contract with the Defendant for the construction of household production and installation (hereinafter “instant construction”) at the 3-3 residential life-based M1 site (hereinafter “instant site”) located in Sejong-si (hereinafter “instant site”).

B. From July 2015, the Plaintiff supplied E&C with materials, such as household parts, to E&C from July 1, 2015, and entered into an agreement between E&C and the Defendant and three parties on February 1, 2016 on direct payments for the price of materials (hereinafter “instant direct payments agreement”).

The name of the construction project: The order firm (A) of the instant construction project: the Defendant Cooperative (B): the Supplier of EH materials and supplies (B): The Plaintiff

1.With respect to the above on-site, A confirms that, with respect to the material costs supplied to C by C to C in connection with each of the above-mentioned site, Gap, Eul, and Byung, under the confirmation of C, pay directly to C.

2. Eul agrees, in advance, to pay Gap directly to Byung only the material cost (including g2,603,410/VAT) out of the progress payment that Eul shall pay to Byung.

3. Provided, That if it is impossible to ascertain under paragraph (1) due to any cause attributable to B (e.g., bankruptcy), the confirmation shall be omitted, and it shall be paid after the confirmation between A and C, and the material unit price shall be paid according to the estimated price contracted between B and C;

4. The method and terms of claiming the price of materials to be paid to Byung shall be paid in cash differently from those of Eul, and the date of payment of the price of materials shall be paid on March 11, 2016;

C. 1) On February 1, 2016 and March 9, 2016, the Plaintiff supplied E&C with materials equivalent to KRW 51,064,750 for the instant site. 2) The Defendant paid E&C KRW 212,648,515 for the construction price of the instant construction project on March 11, 2016 without receiving a claim from the Plaintiff.

1 The defendant from July 2014 to July 2016.