logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원안산지원 2014.11.20 2014가합3464
약정금
Text

1. The Defendant’s KRW 120,000,000 as well as the Plaintiff’s annual interest from April 19, 2014 to June 30, 2014, and the following.

Reasons

1. Basic facts

A. On October 5, 2013, the Defendant concluded an apartment house processing contract with a company Lee Dong-dong Co., Ltd. (hereinafter “Nonindicted company”) on a contract price of KRW 1,020,272,00 for the apartment house processing contract on the field of eukdong Construction (Additional Tax separately), and entered into a contract for the apartment house processing contract for the apartment house at the eukdong Construction site for treatment City 6th apartment complex site at the contract price of KRW 940,139,000 for the apartment house processing contract (Additional Tax separately).

(hereinafter “each of the instant processing contracts”). (b)

The non-party company is above the plaintiff.

The plaintiff requested the non-party company to supply the materials necessary for the production of a household to be supplied to each site stated in the paragraph, and the plaintiff demanded the non-party company to give a direct consent.

C. On March 4, 2014, the Defendant entered into a direct payment agreement with the non-party company and the Plaintiff regarding KRW 120,000,000,00 for the subcontract price, and prepared and stated to the Plaintiff a written direct payment agreement with the following contents:

(hereinafter “instant direct payment agreement”). On April 18, 2014, the date of the payment of KRW 120,000,000 (including additional tax) for direct payment (hereinafter “direct payment”). On April 18, 2014, if the contractor and representative of the company to issue a written statement (the statement of transaction statement) confirming that the subcontractor 216 subcontractor performs the contract as agreed upon, the contractor shall pay 120,000,000 won for the subcontract price to the contractor.

The conditions for completion of the storage of the materials from extreme Dong-dong and the materials for treatment trial until March 12, 2014. The entire shortage of the materials are required in PITS until the completion of the general household construction work in the field of extreme Dong-dong Construction and the construction site and the treatment city in treatment will be attached to the storage site requested in PITS.

On March 5, 2014, the non-party company ordered the non-party company to release materials equivalent to KRW 106,504,200 (Additional Tax separately), and the Plaintiff supplied the whole material to the non-party company within the payment period (on March 12, 2014, on the 6th complex site in Kudong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-si: March 14, 2014).

[Ground of recognition] Unsatisfy, Gap evidence 1 to 3, and Eul.

arrow