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(영문) 창원지방법원 2017.06.22 2016나55015
물품대금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. On December 29, 2012, the Defendant entered into a contract for construction works with the Defendant and B (hereinafter “B”) on the construction period of the construction work for the C-Ground neighborhood living facilities at Changwon-si (hereinafter “instant construction work”) from January 20, 2013 to October 21, 2013, the construction cost of the construction is KRW 2,519,000,000 (including value-added tax).

Since then, the contract for the construction work between the defendant and B was changed to the construction cost of August 31, 2014 and the construction cost of KRW 3,027,279,200.

B. The Plaintiff’s claim for the price of goods against B supplied steel materials to be used in the instant construction to B, but did not receive KRW 150,000,000 from B.

C. Although the settlement agreement B completed the completion of the instant construction work on January 21, 2015, the settlement agreement was concluded between the Defendant and the Defendant on April 25, 2015, the contract amount was settled at KRW 2,862,279,200 as follows; the unpaid contract amount was confirmed to be KRW 1,036,370,253; and 600,000,000,000 out of the unpaid contract amount was directly paid to the sewage supplier, etc. (hereinafter “the settlement agreement in this case”).

After the settlement of the supply price of value of the contract amount of KRW 2,752,072,00, value-added tax of KRW 275,207,200, total of KRW 3,027,279,200, value-added tax of KRW 2,602,072,00, value-added tax of KRW 260,20,207,200, total of KRW 2,862,279,200, the final agreement is made after the settlement of KRW

Until now, the construction cost paid shall be 1,825,908,947 won (including substitute goods) and the unpaid balance of the construction cost shall be 1,036,370,253 won.

60 million won out of the unpaid balance

6.30. (Payments for Direct Payment or for Time Work) shall be settled.

The remainder shall be paid through mutual consultation after the completion of the remaining project.

The defendant and B of the direct payment agreement are as follows.

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