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(영문) 서울중앙지방법원 2018.01.17 2017가단5123952
물품대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. 1) The Defendant is awarded a contract for a new construction of a dormitory in the Hanyang University from a public dormitory in the Hanyang University (hereinafter “instant construction”) and on November 9, 2015, the said construction of reinforced concrete among the said construction works (hereinafter “instant construction”).

2) As to the Corporation’s construction (hereinafter referred to as “Sajin Construction”)

(2) On June 28, 2016, the Defendant concluded a subcontract for construction works (hereinafter referred to as the “instant subcontract”) on July 1, 2016, by setting the subcontract price of KRW 1,730,000 for the remaining construction works during the instant construction works as KRW 1,730,000 (hereinafter referred to as “Scenciciciciciciciciciciciiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiii) (hereinafter referred to as “instant subcontract”) as the suspension of construction works.

B. On February 22, 2016, the Plaintiff entered into a contract for the supply of the alpher and pit pumps at the construction site of this case between the Plaintiff and the Defendant, and entered into a contract for the supply of the alphere and the lease of the alphere on July 21, 2016, on the condition that the alphere is under the direct supply of the alphere between the Defendant and the alp

(hereinafter referred to as the “instant contract”) all of the above supply and lease contracts.

1) On July 28, 2016, Songsung submitted to the Defendant a statement of direct payment of the construction cost to the effect that “The Defendant agrees to pay 125,000,000 won (Additional tax separate) out of the period of July of the instant subcontract” to the Plaintiff. On August 5, 2016, the Defendant sent to the Plaintiff a public notice stating that “The Plaintiff would be directly paid at us under our direct consent upon the request for direct payment of the price for the materials supplied by the Plaintiff in connection with the instant construction work,” and paid on August 16, 2016 the Plaintiff KRW 137,000,000 (125,000,000,000 value-added tax KRW 12,50,000,000) to the Defendant on September 0, 2016 (hereinafter referred to as “the Defendant’s separate subcontract price”) to the Defendant on September 7, 2016.

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