(영문) 대전지방법원 2019.11.21 2019나107782

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(영문) 대전지방법원 2019.11.21 2019나107782

약정금

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1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. A. Around June 2017, the Plaintiff supplied C (hereinafter “C”) with materials, such as 4,221,361 won in total, as well as pipes.

B. On August 31, 2017, the Defendant, a prime contractor, agreed to pay the Plaintiff KRW 4,211,361 (hereinafter “instant material price”) directly to the Plaintiff (hereinafter “instant direct payment agreement”).

C. On September 2017, 2017, the Defendant and C representative D, and the Plaintiff’s employees (the team leader) made it invalid that the instant direct payment agreement was null and void, and the Plaintiff agreed to pay the personnel expenses for the C workers, and to receive the price for the instant materials from C.

[Plaintiff asserts that there is no consent to the nullification of the direct payment agreement of this case, but it is true that the plaintiff has consented to the nullification of the direct payment agreement of this case. However, if the plaintiff filed a lawsuit against C seeking payment of the material price of this case prior to the filing of the lawsuit of this case and received the judgment in favor of the plaintiff (the written evidence in subparagraphs 3 through 5) on the premise that the direct payment agreement of this case was invalidated before the filing of the lawsuit of this case, it is recognized that the plaintiff has consented to the nullification of the direct payment agreement of this case]

2. On the premise that the instant direct payment agreement is valid, the Plaintiff’s assertion and determination claim against the Defendant for the remainder of KRW 1,164,180, and delay damages therefrom, which are the remainder after deducting KRW 3,047,181, which the Plaintiff bears to the Defendant from the amount of KRW 4,211,361.

In this regard, the defendant asserts that since the direct payment agreement of this case is null and void, the defendant does not have a duty to pay the price of this case to the plaintiff

According to the above facts of recognition, the case between the plaintiff, C, and the defendant on August 31, 2017.

유사 판례

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