beta
Text
1. The plaintiff's claim is dismissed.
2. The costs of the lawsuit, including costs incurred by participation, are all assessed against the Plaintiff.
Reasons
Basic Facts
The third party's ticket (hereinafter referred to as "third party ticket") that entered into a contract for the production and supply of concrete was awarded a subcontract for the production and supply of B Nowon-gu and other concrete necessary for the construction of a lot.
C. On November 1, 201, when re-subcontracting to C (hereinafter “D”) the production and supply of the above concrete subcontracted from the Construction of a Lot, D made a contract for the installation, operation and removal of the instant facilities (hereinafter “instant supply contract”) with the content of removing the instant facilities after supplying them to the Plaintiff, upon setting the contract amount of KRW 1,920,710,00 (including value-added tax) and the contract period of November 1, 201 through October 29, 2012, D made a contract for the installation, operation and removal of the instant facilities (hereinafter “instant facilities”).
As between D on October 16, 201, which was prior to the conclusion of the instant supply contract, the third parties agreed to pay KRW 120 million to D in advance as the advance payment for the instant supply contract, and to deduct a certain monthly amount from the initial ingredients from December 28, 2011 to September 2012. Accordingly, on October 28, 201, the said KRW 120 million was deposited to D in advance, while the supply contract of this case was determined to have no advance payment.
(Article 2 Section 3). However, in February 2012, Samna and D agreed that D shall pay KRW 300 million as advance payment at the same time as D receives performance guarantee bonds from D.
Pursuant to the above agreement, D with the Defendant on March 8, 2012, the contract amount of KRW 1,755,710,000 for the instant supply contract, the advance payment amount of KRW 300 million, and the insurance period from March 8, 2012 to October 29, 2012 are determined as follows.