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Reasons
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(영문) 춘천지방법원 2018.07.03 2016나53712
물품대금
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1. The judgment of the court of first instance is modified as follows.

The defendant shall pay to the plaintiff KRW 28,173,350 as well as to the plaintiff on March 2016.

Reasons

1. Presumed factual basis

A. On August 18, 2015, the Defendant: (a) contracted the “AP construction works for the construction of the main plant GMP manufacturing facilities for the main plant company,” and subcontracted the construction works for the mechanical facilities to S&C Co., Ltd. (hereinafter “S&C”); and (b) subcontracted the additional construction works to S&C according to the modification of the design.

(hereinafter referred to as the “instant construction,” in total, of the construction subcontracted by the Defendant to SPC.

On January 5, 2016, the Defendant’s agent at the construction site B, on behalf of the Defendant, drafted a “written confirmation of payment of material cost” (hereinafter “instant confirmation”) with the following content on behalf of the Plaintiff:

1. Official name: New construction of a new factory for the original State A;

2. Construction amount: 25,636,00 won (excluding value-added tax) in total for 9,417,00 won (excluding value-added tax) for December of 16,219,00 won (excluding value-added tax);

3. The period of publication of subcontract: At the subcontractor on August 15, 2015 to December 31, 2015, I confirm that in the process of performing the above construction, the subcontractor would directly pay to the Plaintiff the price for the above portion that the subcontractor received.

(10.0.0.00.00.00.0.00.00.00.00.00.00.

From July 22, 2015 to February 29, 2016, the Plaintiff supplied the materials related to the instant construction to SPC. The monthly sales, the details of receipts and disbursements, and the amount of money to be received as specified in the following table.

- - - 90,574,574, 17,841,841, 348, 340,00, 75,415, 415, 836, 340, 340, 340, 36, 340, 340, 36, 340, 340, 346, 340, 340, 346, 315, 340, 340, 315, 315, 340, 3476, 200, 31, 340, 527, 200, 100, 415, 31, 340, 527, 300, 439, 183, 712, 319, 305, 196, 3193

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