매매대금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. On March 25, 2013, the Plaintiff entered into a “C contract” (hereinafter “instant contract”) with Nonparty STS semiconductors Co., Ltd. (hereinafter “STS semiconductors Co., Ltd.). The key contents are as follows.
Construction site: Contract amount from March 25, 2013 to May 10, 2013: Refund of contract amount of KRW 149,900,000 (Additional Tax) within one month after the completion of construction works:
1. Removal of buildings and obstacles to the C site;
2. Disposition of solid goods after removal;
3. Basic terms and conditions of a contract for the completion of all administrative processes related to the report of destruction and removal: the above contract amount shall be refunded to the non-party company within one month after the completion of the construction, by treating the scrap metal generated after the removal of obstacles to the site of the contract.
【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 1 and 2, the purport of the whole pleadings
2. The parties' assertion
A. The Plaintiff’s assertion entrusted the Defendant with the sale of solid goods that occurred after removing buildings and obstacles to the building site E in accordance with the instant contract. Of the sale price of solid goods of KRW 369,00,000, the Defendant paid KRW 149,900,000 to the non-party company and paid KRW 100,000 out of KRW 219,10,000 to the non-party company, and did not pay KRW 119,10,000 to the Plaintiff.
Therefore, the defendant is obligated to pay to the plaintiff KRW 119,100,000 in the balance of the proceeds from the sale of solid goods.
B. The defendant originally ordered the non-party company to remove the building and obstacles to the site E site and dispose of the scrap accrued after the removal. However, the defendant did not obtain a license to remove the building, and the contract of this case was concluded between the plaintiff and the non-party company formally between the plaintiff and the non-party company. However, the plaintiff is in charge of only the building and obstacles and sells the scrap accrued after the removal.