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(영문) 광주지방법원 2015.01.30 2014나11167
물품대금
Text

1. The part against the Defendants in the judgment of the first instance shall be revoked.

2. The Plaintiff’s aforementioned revocation portion is against the Defendants.

Reasons

1. Basic facts

A. The Southern Development Corporation contracted the construction of 2-2 sections and 2-3 sections among the 2-2 sections of the Cheongnam Joint Innovation City Development Project (hereinafter referred to as the “Yannam Construction”), and subcontracted the construction of the Cheongongnam Construction Co., Ltd. (hereinafter referred to as the “Cheongongan Construction”), among the 2-2 sections of the construction, the construction of pumps for sewage mid-term pumps (hereinafter referred to as the “2-2 construction”) and the road and packing construction (hereinafter referred to as the “2-3 construction”) among the sections of 2-3 sections.

B. On August 14, 2012, the Plaintiff entered into an agreement on the supply of ready-mixed (hereinafter in this case) with respect to the Cheongong T&C and 2-3 construction works, and supplied ready-mixed equivalent to KRW 91,061,60 (including value-added tax) in total at 2-3 construction sites from August 11, 2012 to March 22, 2013. The Plaintiff directly received KRW 33,282,040 out of the aforementioned payment from the Jeonnam Development Corporation, and was not paid the remainder of KRW 57,779,560 (=91,061,600 - 33,282,040).

C. Meanwhile, the Defendants agreed to pay the subcontract price to be paid directly by the Southern Development Corporation, the Southern Development Corporation, the Southern Construction Corporation, and the Chungcheong T&C. Around May 2, 2013, the Defendants requested the Jeon Nam Development Corporation to suspend the direct payment of the subcontract price. Before July 2, 2013, the Cheongong T&C and the Nam Young Construction agreed to pay the subcontract price at KRW 588,589,00 for the 2-2 construction and 2-3 construction.

On July 2, 2013, the Jeonnam Development Corporation deposited KRW 353,776,513 out of the above KRW 588,589,00 as the Gwangju District method 2013Hun-937 on the ground of provisional attachment, etc., and the need to suspend direct payment to Southern Construction.

For the reasons of the Office, the remaining KRW 234,812,487 was paid.

[Ground of recognition] The fact that there is no dispute, Gap's 1 through 3, 5, 6, Eul's 1 through 12 (including each number; hereinafter the same shall apply), and the purport of the whole pleadings

2. The Plaintiff’s assertion, Cheongong C&C, and Nam Young-young Construction costs for materials under the instant ready-mixed supply contract.

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