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(영문) 서울중앙지방법원 2014.10.22 2014가합500482
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. Both-use Construction Co., Ltd. (hereinafter “BB”) concluded a contract with the Defendant to be supplied with lighting fixtures to be used in the said construction, under the name of “B” on September 14, 2012, between the Plaintiff and the Plaintiff engaging in the wholesale and retail business of lighting fixtures, according to the distribution of Seocho-gu Seoul Metropolitan Government.

B. Under the foregoing contract, the Plaintiff manufactured a lighting fixture and completed its delivery from April 2013 to October 2013, and agreed with the Defendant on February 20, 2013, which was before commencing the supply in good faith, as follows:

(A) Evidence No. 5, 2 (hereinafter “instant agreement”): Upon the Plaintiff’s direct request for payment of the subcontract price, the Defendant shall directly pay the construction price incurred from the date of the instant agreement to the Plaintiff after the Defendant and the Plaintiff after confirmation of the joint construction, and the construction for pairs does not raise any objection thereto.

Article 4:Performance of the Agreement in this case, the defendant has completed all obligations relating to the construction price in relation to the bilateral construction.

Article 5:In the case of this case, the agreement of this case shall automatically lose its effect on the following day in the case where the management of pair of construction is normal.

(Reasons for deeming that the management of pairs construction is normal: when the validity of the agreement of this case is suspended due to the completion of the measure for the normalization of the company or the agreement of both parties and the plaintiff.

According to the instant agreement, the Plaintiff received respectively KRW 357,814,60 on May 28, 2013 from the Defendant, and KRW 7,733,00 on June 25, 2013, and KRW 74,294,00 on the same day.

However, if the defendant deposits into the account in the name of double-use construction, the bank immediately withdraws the deposit and immediately transfers the amount to sewage companies, including the plaintiff.

Meanwhile, on March 4, 2013, a pair of construction works is between the credit group on June 25, 2013 after the decision to commence the workout program of the credit group was made.

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