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(영문) 제주지방법원 2015.12.04 2015가단2583
물품대금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a person who is operating a wholesale and retail business with the trade name of “C” in Seopopopopo City B, namely, steel materials, building materials, and construction safety goods.

B. On June 20, 2014, the Defendant entered into a contract with Sungil Construction Co., Ltd. to receive a subcontract again with the contract price of KRW 1.276 billion among the “refited new hotel works, a shower,” which was 141-1, from among the men of Seopopo-si, Seopo-si, a Shacker Co., Ltd., the said Sungil Construction Co., Ltd. received from Hoil Construction Co., Ltd. for business purposes.

C. As between D and D on July 1, 2014, the Defendant concluded a construction contract that re-subcontracts construction cost of KRW 667,100,000 for the instant construction project (hereinafter “instant construction”).

[Reasons for Recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1, the purport of the whole pleadings

2. The assertion and judgment

A. 1) The Plaintiff’s assertion that the supply contract was concluded with the Defendant. The Plaintiff entered into a contract with D to supply necessary construction materials between July 4, 2014 and December 24, 2014, supplied the Defendant with construction materials equivalent to KRW 93,265,30 in total, and received KRW 29,573,400 from the Defendant from July 31, 2014 to December 1, 2014 as the price for the goods. The Defendant is obligated to pay the Plaintiff the price for the goods unpaid and delayed payment for the amount of KRW 63,691,90 in total. Even if D did not receive the right of representation from the Defendant, D renounced the instant construction materials from July 18, 2014 to December 24, 2014; and the Plaintiff is obligated to pay the price for the construction materials to the Defendant from July 31, 2014 to December 14, 2014 to 36, 2084.

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