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(영문) 제주지방법원 2018.09.04 2017가단62589

물품대금

Text

1. As for Defendant Korea-U.S. Comprehensive Construction Co., Ltd., Defendant Korea-U.D., Defendant 3,464,750 won and its amount from December 9, 2017 to September 4, 2018.

Reasons

1. Basic facts

A. Defendant Lama General Construction was awarded a contract for the Jeju-si Construction from the Korea Forestry Cooperatives around September 2016, and Defendant Han-si General Construction was granted a construction period from Defendant Lama General Construction around January 2017 to January 16, 2017.

7. From the end of 29, a subcontract was made for soil and sand construction works during the said construction (hereinafter “instant construction works”).

B. From November 2016 to July 2017, the Plaintiff supplied safety supplies, such as ED electric lights, safety caps, and safety shoes, equivalent to 33,464,750 won (including value-added tax) at the construction site of the instant construction site.

C. With respect to the issue of price reduction of safety products supplied at the construction site of the instant construction site, a direct payment agreement was formulated on September 8, 2017 with the amount of money KRW 35,151,050, the Supplier, the subcontractor, the prime contractor, and the prime contractor, the Plaintiff Han-si Comprehensive Construction, and the prime contractor.

(However, the above direct payment agreement was signed and sealed only by the seal in the name of the plaintiff and the defendant Han-U.S. Comprehensive Construction.

On July 27, 2017, Defendant Lama General Construction notified Defendant Korea-U.S. comprehensive construction contractor of the cancellation of the subcontract on the ground of the delay of work in the instant construction work, etc., and directly constructed construction works on the said subcontract from August 2017.

E. From August 2017 to November 201 of the same year, Defendant Lama General Construction received safety goods, such as signboards with disabilities equivalent to KRW 5,120,50 in total, from the Plaintiff regarding the instant construction, and paid KRW 5,120,50,00 as the price of the relevant goods on March 30, 2018.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 8 (including additional number; hereinafter the same shall apply), Eul evidence Nos. 1, 3, and 5 through 8, and the result of fact-finding with respect to Han Forestry Cooperatives President of this Court, the purport of the whole pleadings

2. Determination as to the cause of action

(a) arrangements for the supply of safety supplies;