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(영문) 대전지방법원논산지원 2020.12.24 2019가단84
물품대금
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Facts of recognition;

A. On October 15, 2015, the Defendant entered into a construction contract with the non-party D Co., Ltd. (hereinafter “non-party D”) for a construction contract pursuant to the above project, which is a construction contract with the non-party D Co., Ltd. (hereinafter “non-party D”) on a new sale-type land trust project (hereinafter “the instant project”) that constructs common housing in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun (hereinafter “the instant construction contract”).

B. On December 18, 2015, the Plaintiff entered into a contract for the supply of materials (hereinafter “instant subcontract”) with the non-party company regarding the construction of new E-Sa-Sa-Sa-Sa-Sa-Sa-Sa-Sa-Sa-Sa-Sa-Sa-

The terms and conditions of the original contract: The amount of the contract for new construction works of multi-family housing to which the name of the project is assigned: the contract period: 79,250,161,000: the contract period: the subcontract price for supply of ready-mixed materials: the subcontract price for new construction works of multi-family housing to be granted on November 30, 2015 to December 31, 2017: the contract period (2,534,640 won as of the date of agreement) (2,534,640 won): D subcontractor: A corporation:

1. The parties agree that the ordering authority shall pay the subcontractor directly with the subcontractor the construction cost claim corresponding to the part of the subcontractor’s manufacture, repair and construction (including the subcontract price that will be incurred in the future as well as the cost arising from the king) of the present and future construction cost claim entered into between the ordering authority and the original contractor in connection with the above construction work.

The claim against the original contractor against the order obligor shall be transferred to the subcontractor, and the ordering obligor shall accept the order.

2. The scope of the direct payment of the subcontract price (1) shall be paid directly to the subcontractor within the scope of the obligation to pay the construction cost to the original contractor in accordance with the original contract.

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