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(영문) 대구지방법원 2016.12.23 2016가단112065
물품대금
Text

1. The Plaintiff:

A. From June 1, 2016, Defendant Hoan Construction Co., Ltd.: KRW 18,609,500 and its amount.

Reasons

1. Basic facts

A. The Plaintiff is a person who is engaged in the wholesale and retail business of safety equipment for construction with the trade name of “B,” and Defendant Gyeongan General Construction Co., Ltd. (hereinafter “Defendant Gyeongan General Construction Co., Ltd.”) is a company engaged in civil engineering and construction business, and Gangseosan Construction Co., Ltd. (Seoul Special Metropolitan City Co., Ltd.: hereinafter “Defendant Gyeongsan Construction”) is a company engaged in the construction of forest roads and forest restoration business.

B. The construction of the Defendant Gyeongan General Construction was awarded a contract for the extension of a dormitory and other construction works by the Daegu Office of Education, and the construction of the said construction works was carried out upon a contract for the construction of a forest road in 2015 (D) and the construction of an erosion control dam in 2015 (E) awarded a contract for the construction of a forest road in 2015 (D) from the support of the North Korean Forest Research Institute, and the Plaintiff supplied construction materials, such as miscellaneous hardware, at each of the above construction sites.

[Reasons for Recognition] Facts without dispute

2. The parties' assertion

A. Plaintiff’s assertion 1) Upon Defendant’s request for comprehensive construction of Gyeongan Construction, the Plaintiff sold or leased construction materials, such as 30,458,589 won in total at a construction site, such as C High School that the said Defendant performed. 2) Upon Defendant’s request, the Plaintiff sold or leased construction materials, such as miscellaneous hardware in total amounting to KRW 20,319,442 in total at the construction site of the Hadong-dong and Yan area where the said Defendant performed work.

3) Therefore, the Defendants are obligated to pay to the Plaintiff the price for the goods for the above construction works and the damages for delay thereof. (B) The Defendants’ assertion 1) subcontracted the entire construction works of the instant case, including Chigh School dormitory expansion works, forest road construction works, etc., and thus, the Defendants did not conclude a contract for goods supply with the Plaintiff in relation to the said construction works or requested the Plaintiff to supply construction materials.

2. The Plaintiff is at the construction site of Chigh School dormitories among each construction site of this case.

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