(영문) 대구지방법원 2018.08.17 2017가단21333

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(영문) 대구지방법원 2018.08.17 2017가단21333

물품대금

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Chief;

A. The Plaintiff’s assertion 1) The Plaintiff is a person who performs the construction work in Daegu with the trade name D, and the Defendant is a legal entity that conducts the construction work in Daegu-gu E. The Plaintiff concluded a subcontract construction contract (hereinafter “the instant construction work or the instant construction contract”) with the Plaintiff setting the construction cost as KRW 170,00,000 for metal, windows, and glass among the new construction works of the building on the land of non-party F and G, and the building on two lots.

3) However, while the Plaintiff intended to supply the said F with various metal and windows 49,500,000 (including value-added tax) for the instant construction project, the Defendant agreed on July 27, 2016 to pay the Plaintiff KRW 49,50,000 for the said metal and windows upon taking over the instant construction site from the said F (hereinafter the instant payment agreement).

(4) In addition, on October 20, 2017, the Defendant paid KRW 6,600,000 to the Plaintiff out of the price under the instant payment agreement.

Therefore, the Defendant is obligated to pay to the Plaintiff 42,900,000 won (=49,500,000 won - 6,600,000 won) with interest calculated at the rate of 15% per annum from the day following the delivery of the copy of the instant complaint to the day of full payment.

B. The Defendant’s assertion 1) The Plaintiff and the Defendant agreed to withdraw the instant lawsuit on September 27, 2017. 2) The Defendant did not conclude the instant payment agreement with the Plaintiff, but merely purchased part of the materials owned by the Plaintiff at the construction site of the instant case on July 27, 2016.

2. Determination:

A. Since there is no evidence to acknowledge the fact that the plaintiff and the defendant agreed to withdraw the lawsuit of this case as to this safety defense, such defendant's assertion cannot be accepted.

(A) The withdrawal agreement under paragraph (1) shall be between B and the plaintiff, and shall not be deemed to have the effect of the agreement to the defendant.

B. The existence of the instant payment agreement.

유사 판례

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