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Reasons
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(영문) 인천지방법원부천지원 2019.02.14 2018가단3719
물품대금
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1. The Defendant shall pay to the Plaintiff KRW 66,00,000 and the interest rate of KRW 15% per annum from February 20, 2018 to the day of complete payment.

Reasons

1. Basic facts

A. C Co., Ltd. (hereinafter “C”) awarded a contract to D (hereinafter “D”) for a part of the work including air purification equipment in the factory with the site of a factory building, and D subcontracted a part of the work to E Co., Ltd. (hereinafter “E”).

E Around November 17, 2015, around November 17, 2015, the internal director F of E re-subcontracted the work of manufacturing facilities (hereinafter “instant facilities”) to capture and purify salt gas to G (trade name:H) on behalf of G (H) before the Plaintiff is converted into a corporation, and then install C factories.

(hereinafter “instant contract”). B.

On November 26, 2015, the Plaintiff (Representative Director G and in-house director I) established on November 26, 2015 accepted the instant contract from G, and the Defendant (Representative F) established on June 7, 2016 accepted the instant contract from E, and the Plaintiff and the Defendant agreed to succeed to the status as a party to the instant contract.

C. The Plaintiff manufactured the instant facility and moved the instant facility to a factory C from December 2016, and suspended the construction of the instant facility as a problem of the C factory building, but installed the instant facility until September 2017 to a police officer.

[Reasons for Recognition] Facts without a partial dispute, Gap 1 and 2 evidence, witness J's testimony, the purport of the whole pleadings

2. Assertion and determination

A. 1) The Plaintiff manufactured the instant facilities and completed the construction of the instant facilities in C factory according to the instant contract. The price under the instant contract is KRW 341,412,390, and the Plaintiff completed the settlement of KRW 207,212,390 between E and E. The Defendant paid KRW 68,200,000 to the Plaintiff. Accordingly, the Defendant is obliged to pay the remainder to the Plaintiff KRW 66,00,000,000.

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