(영문) 광주지방법원 2015.02.03 2014가단37229

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(영문) 광주지방법원 2015.02.03 2014가단37229

청구이의

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1. The Defendant’s order of payment order issued on March 19, 2014 by the Gwangju District Court Decision 2014Hu3477 decided March 19, 2014.

Reasons

1. Basic facts

A. On May 31, 2012, the Plaintiff entered into a contract with the non-party Es. Construction Industry (hereinafter “S. Co., Ltd.”) under which the non-party company (hereinafter “the non-party company”) will deliver the price of the 1,030,000,000 won (including value-added tax, 60,000,000 won for the following claim, and 1,000,000,000 won for the apartment (hereinafter “the supply contract in this case”) to the non-party company from May 31, 2012 to October 30, 2012 (hereinafter “the supply contract in this case”). On November 16, 2012, the Plaintiff modified the supply contract in this case to the non-party company as the 1,030,000 won (hereinafter “the supply contract in this case”).

B. According to the instant supply contract, the Plaintiff supplied all of the remaining main households, excluding KRW 11,700,000,000, out of the main household of the instant case, to the Nonparty Company. By February 7, 2013, the Nonparty Company paid the Plaintiff KRW 972,060,000 in total as the price for the main household of the instant case.

C. The non-party company filed a lawsuit against the plaintiff for defect repair with this court 2013Gahap529, stating that the plaintiff not only supplied the non-party company with the main household of another company, but also supplied the non-party company with the main household of the non-party company, which was not a sample of the company in charge at the time of entering into the supply contract of this case. Since there is a defect in the supplied household, and there is not yet supplied household, the plaintiff is obligated to pay to the non-party company the amount equivalent to the damages incurred due to the above defect and the amount of the un supplied main household. Accordingly, the plaintiff is claiming for the payment of 100 million won, which is a part of the above amount, and its delay damages. Accordingly, the plaintiff filed a counterclaim against the non-party company with the court 2013Gahap734."

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