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(영문) 대전지방법원 서산지원 2018.06.28 2017가합51053
손해배상(기)
Text

1. The Defendant’s KRW 99,950,00 for the Plaintiff and KRW 5% per annum from February 1, 2014 to June 28, 2018.

Reasons

1. Basic facts

A. On March 15, 2013, the Plaintiff entered into a contract between the Plaintiff and C on consignment of reinforced concrete construction works (hereinafter “instant construction works”) to C Co., Ltd. (hereinafter “Co., Ltd.”) (hereinafter “Co., Ltd.”) among the “DD Corporation’s headquarters relocation site construction works” ordered by DD Corporation (hereinafter “D Corporation”).

B. The direct payment C of the ordering party against C issued an electronic tax invoice claiming the amount of each progress payment to the Plaintiff after obtaining a confirmation of the actual progress payment from the Plaintiff, and the ordering party paid each time payment to C according to the agreement on the direct payment of the subcontract price.

C Details of the amount of money paid directly by the ordering office are as follows:

On June 19, 2013, KRW 171,60,00, KRW 8-1,000 on the basis of the payment date, and KRW 280,50,500 on August 23, 2013, and KRW 121,423,50 on September 17, 2013, and KRW 28-2, the progress payment of KRW 8-4,500 on September 17, 2013, KRW 48,876,50 on the basis of the payment date, and KRW 8-5,00 on June 19, 2013, deposit under the deposit of KRW 13,5,00 on December 5, 2013, KRW 143,423,50 on September 17, 2013, KRW 5,077, KRW 487, A487,48-74, A,508,97,788.

C. On the other hand, on September 26, 2013, C requested the Plaintiff to make advance payment for the 3rd progress payment from the ordering authority, until October 5, 2013, prior to receiving the 4th progress payment from the ordering authority.

Accordingly, on October 8, 2013, the Plaintiff paid 38.5 million won by means of a company purchase card issued by E bank to advance payment to C, and on November 1, 2013, the Plaintiff paid 82.5 million won by means of additional remittance of the total sum of KRW 38.5 million to the F bank account in the name of C (hereinafter “instant advance payment”).

The plaintiff's construction contract of this case.

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