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(영문) 수원지방법원안양지원 2014.05.01 2013가합3601
물품대금
Text

1. The Defendant shall pay to the Plaintiff KRW 344,658,552 and the interest rate of KRW 20% per annum from June 19, 2013 to the day of full payment.

Reasons

1. Facts of recognition;

A. On July 2009, C Co., Ltd. (hereinafter “C”) contracted the construction of government-high-speed rail tracks (hereinafter “instant construction”) from the Korea Rail Network Authority, and subcontracted the construction of government-high-speed rail tracks (hereinafter “the instant construction”) to Thai-ray Co., Ltd. (hereinafter “Tha-ray”).

B. After that, around November 2009, Thai-ray entered into a contract for the supply of materials to be used in the instant construction project from the Plaintiff to KRW 1,817,00,000 (excluding value-added tax).

C. However, the solar power plant renounced the instant construction under the condition that only the material supply contract was concluded as above, and C concluded a subcontract of the instant construction project again with the Defendant on February 1, 2010.

(hereinafter “instant subcontract”). D.

According to the instant subcontract agreement, the part of the instant construction project that was undertaken until the time of the contract is transferred to the Defendant (Article 9(6) of the subcontract agreement), and accordingly, the Defendant is against E, a site manager at the construction site, around February 11, 2010.

The construction materials supplied at the construction site of this case was acquired in accordance with the material supply contract of this subsection.

E. After that, the Defendant supplied the Plaintiff with additional construction materials equivalent to KRW 1,039,474,215 and continued the instant construction work.

On February 1, 2011, the Plaintiff and the Defendant agree to KRW 683,573,597 (including VAT) with mutual trust as follows:

1. Return and disposal of defective materials (type 3, e.g., retic lamps lamps, etc.) - Amounting to 75,275,596 won (including VAT) - Return and disposal of defective materials due to the non-tallying of materials (the annual gold, face-to-face treatment, and copper not used);

2. Japan 263,639,449 Won (including VAT) shall be paid to the Plaintiff after signing and sealing this Agreement.

3. The inventory materials kept at the construction site of this case (hereinafter referred to as “instant inventory materials”);

In Japan, including Won 344,658,552 Won-VAT, hereinafter referred to as "."

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