logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원부천지원 2016.06.21 2015가단113943
물품대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. Goyang-si ordered the “Road Construction Works” around 2012, and the Defendant was selected as the contractor.

The Defendant subcontracted the said construction work to the Non-Surc Construction Co., Ltd. (hereinafter “Non-Surc Construction”).

(b) Yangyang-si, the ordering person, intended to supply the materials originally used in the said construction as government-funded materials.

Accordingly, on October 29, 2012, Goyang-si entered into a concrete file supply contract with the Plaintiff, and the Plaintiff supplied a concrete file to the same construction site between November 15, 2012 and May 2013 according to the above contract, and the price was paid from Goyang-si.

C. On the other hand, Goyang-si, unlike the above concrete file, intended to use double-water parts necessary for the connection of the above concrete file (i.e., a well-known boat; hereinafter in this case “the instant material”), as private-water materials, unlike the above concrete file.

Accordingly, during the period from November 15, 2012 to May 2013, 2013, the Plaintiff supplied the instant materials to the pertinent construction site. The Plaintiff entered and managed the details of transactions in the Plaintiff’s trading ledger, separate from the said concrete file.

(However, there is a dispute as follows with respect to who is the party to whom the material of this case was supplied.

Meanwhile, around September 2013, 2013, the government suspended payment due to the default of payment. On September 13, 2013, the defendant, who was in the rehabilitation procedure, filed an application for permission to pay the construction cost with the Gwangju District Court, which was the bankruptcy court on December 3, 2013, and December 27, 2013. The government paid KRW 523,678,122 in total as the construction cost to the Dak Construction with each permission from the above court.

[Ground of recognition] The fact that there is no dispute, Gap's 1, 2, Eul's 1 through 5, Eul's testimony, the whole purport of pleading

2. The plaintiff's summary of the plaintiff's assertion is KRW 23,584,00 for the material price of this case against the defendant for the following reasons.

arrow