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1. Defendant B Co., Ltd.: (a) KRW 248,801,740 among the Plaintiff and KRW 28,167,590 among the Plaintiff, from February 1, 2014, and KRW 132,622.
Reasons
1. Basic facts
A. Defendant Changwon-si contracted the instant construction work to D on July 15, 2010 in Changwon-si, Changwon-si (hereinafter “the instant construction work”). D subcontracted its soil work and reinforced concrete construction work among them to Nam Young-gu, Inc. (hereinafter “Seoul-si”).
Since July 26, 2012, D entered into a contract with Defendant B Co., Ltd. (hereinafter “Defendant B”) to further subcontract the construction work executed by the above Nam Young-gu, and Defendant B followed the said construction work.
B. The Plaintiff supplied ready-mixeds to the construction site through the Gyeongnam Local Government Procurement Service and the Gyeongnam-U.S. Cooperative to which the Plaintiff belongs with respect to government-funded ready-mixeds invested in the instant construction project, and upon ascertaining the supply of the goods at the construction site, the Defendant Chang-si, which is the place of the order, and upon undergoing the examination procedure, received the payment for ready-mixeds from the Defendant Chang-si through the Public Procurement Service and the said Association.
[Reasons for Recognition] Uncontentious Facts, Gap evidence 11, Eul's each entry in the evidence No. 2, and the purport of the whole pleadings
2. Determination as to the claim against the defendant B
A. Plaintiff’s assertion 1) The Plaintiff supplied the instant construction site from September 28, 201 to July 4, 2012 from September 28, 2011, to July 4, 2012, and thereafter, the Plaintiff adjusted the Plaintiff’s allocation volume of ready-mixed to 1,043 cubic meters, and failed to receive an examination of the amount equivalent to 463 cubic meters. From November 22, 2012 to June 8, 2013, the Plaintiff supplied 5,853 cubic meters from November 22, 2012, to 4,559 cubic meters. Accordingly, if the Plaintiff did not receive the price for the instant non-conform, Defendant B agreed to pay the Plaintiff the amount equivalent to the amount of 1,294 cubic meters from the construction site of this case’s construction site to 1,294 cubic meters (i.e., the amount equivalent to 1,297 cubic meters).