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(영문) 창원지방법원 2016.11.17 2015가단80129
물품대금
Text

1. The Defendant’s KRW 110,887,352 among the Plaintiff and KRW 38,623,901 among the Plaintiff, respectively, shall be KRW 44,85,198 from November 26, 2014.

Reasons

1. Basic facts

A. The Plaintiff is a company with the objective of electricity and communications construction business, and the Defendant is a company with the objective of manufacturing and selling general machinery.

B. The process of the instant construction is 1) Native Korea Co., Ltd. (hereinafter “Native Korea”)

) Korea Western Development Co., Ltd. (hereinafter referred to as “Korea Western Development”)

B from the Corporation (hereinafter “instant construction”) to the Corporation, and the site of the construction is “the instant construction site.”

2) The Escen Korea subcontracted the instant construction work to the Escenna Co., Ltd. (hereinafter “Escenna”), and subcontracted the instant construction work to the Escenna Co., Ltd. (hereinafter “Escenna”), which led to the construction of Escenna, to the Escenna Co., Ltd. (hereinafter “Escenna”).

E. E.C. Korea subcontracted the instant construction to the Defendant around August 29, 2014, as the U.S. E.C. ceased construction.

C. The Plaintiff’s supply of materials at the construction site of this case (hereinafter “first supply”) was requested by C, a supplier of materials for promotion facilities, on March 21, 2014, to supply materials at the construction site of this case and is equivalent to KRW 61,238,801 (hereinafter “first supply”).

(2) On September 30, 2014, the Plaintiff supplied construction materials, such as electric cables (i.e., electric cables) at the instant construction site, including KRW 89,770,398 (hereinafter “second supply”), KRW 25,138,296 (hereinafter “third supply”) on October 25, 2014, and KRW 2,239,957 (hereinafter “fourth supply”) on December 10, 2014.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 4, 5, 8 through 11, 14, 15, Eul evidence Nos. 2, 36, 38 (including paper numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. The party's assertion and judgment

A. The plaintiff 1's assertion that the plaintiff 1 supplied the first supply in accordance with the contract for the supply of goods with the promotion facilities.

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