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(영문) 광주지방법원목포지원 2017.04.06 2016가단10474
매매대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The Plaintiff’s alleged red-interest Construction Co., Ltd. was awarded a subcontract for construction works to be spread within the Eup/Myeon-dong Yang-dong, Seosan Construction Co., Ltd. in the Defendant’s construction site, and the Plaintiff concluded a contract with the Hongk Construction Co., Ltd., and supplied the said construction site a wooden and joint plate equivalent to KRW 401,376,360 from April 5, 2016 to August 29, 2016.

The Plaintiff received KRW 247,976,244 out of the material price from the Defendant, but did not receive KRW 153,400,116, and thus, the Defendant is obligated to pay the remainder of the material price to the Plaintiff.

2. In light of the judgment, the Plaintiff’s assertion is rejected without need to further examine, since (i) a goods supply contract has been concluded with the Defendant, or (ii) a direct payment agreement has been reached with the Defendant; (ii) the Plaintiff is a person who has not entered into a goods supply contract or a direct payment agreement with the Defendant.

3. In conclusion, the plaintiff's claim is dismissed as it is without merit. It is so decided as per Disposition.

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