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(영문) 서울중앙지방법원 2016.08.31 2015가합20051

공사대금

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. The Plaintiff, the Defendant, and the OUG company: (a) A prior to the commencement of rehabilitation procedures (hereinafter “Plaintiff”), a stock company prior to the commencement of rehabilitation procedures (hereinafter “Plaintiff, whether prior to or after rehabilitation”).

A) Around July 2013, as the Defendant, a material supplier, and a consulting joint beneficiary, the Corporation is an entity located in Mongolia, such as OY UNY UNDA CO. LTD (hereinafter referred to as “OUG company”).

) The Corporation and D Corporation (hereinafter “instant Corporation”)

As to the term of the supply contract, the supply of materials and consulting contract with the content of USD 3,139,545 as to the supply contract amount from July 3, 2013 to June 30, 2014 (hereinafter “instant first contract”).

(2) The Defendant received USD 941,874 from the OUG company on July 15, 2013 and received USD 2,355,619.52 on seven occasions, including that it received USD 941,874 as advance payment.

B. Conclusion of a contract for the entrustment of manufacturing and consulting with the Plaintiff and the Defendant’s construction materials

1. Method of contract: [unit price] contract (whichever is one out of the total amount or unit price);

2. Terms and conditions of the contract: The name of DO in the joint contract with Mongolian Puu DO goods: The contract amount of 495,000,000 won for supply of materials and consultingO goods: 450,000 won for O value-added tax: 45,000,000 won for O value-added tax: The contract amount for delay of 1/100 of the contract amount: The delivery period of 10/100 of the contract amount: from July 2013 to June 2014;

3. Payment of the price: On October 25, 2013, the Plaintiff entered into a contract with the Defendant for manufacturing construction materials and consulting (hereinafter “instant contract”).

The main contents of the second contract of this case are as follows.

C. On December 26, 2014, the OUG company notified the Defendant of the termination of the instant First Contract on the grounds of delay in supply, etc.

[Ground of recognition] Facts without dispute, Gap evidence 3 through 6, 8 through 10, Eul evidence 5 and 6 (including branch numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff and the defendant asserted the plaintiff 1 are the construction work of this case.