(영문) 인천지방법원부천지원 2015.11.13 2014가합9273

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(영문) 인천지방법원부천지원 2015.11.13 2014가합9273

물품대금

Text

1. The Defendant’s KRW 74,377,537 as well as the Plaintiff’s annual rate of KRW 5% from November 18, 2014 to November 13, 2015.

Reasons

1. Basic facts

A. Upon entering into the instant construction contract, the Defendant (former: Movie Industry Development Co., Ltd.) awarded a contract for the improvement of the A facilities by Seoul Matro, awarded a subcontract to the Korea-U.S. Basic Development Co., Ltd. (hereinafter “Korea-U.S. Basic Development”), and the Korea-U.S. Basic Development re-subcontracted the temporary materials construction work (hereinafter “instant construction work”) to the B company on December 1, 201.

B. On January 7, 2012, B and the Plaintiff entered into a lease agreement with the Plaintiff on temporary materials with respect to the instant construction project.

C. From the end of December 2012, the construction was interrupted due to the conflict between the Defendant and the Korea-U.S. Basic Development, and the construction was interrupted due to the conclusion of the agreement on the discontinuance of the instant construction and the rescission of the subcontract agreement on the civil construction works. Ultimately, the said subcontract was rescinded on February 26, 2013.

The Defendant’s settlement agreement with the direct management of the Corporation and the B Company (1) concluded that the Defendant shall pay the Defendant rent to B Company from March 2013, 2013 on the construction cost not paid by the Company B and the temporary materials invested at the construction site of this case by September 17, 2012, which had been supplied with the temporary materials by the Plaintiff pursuant to the lease agreement with the Plaintiff, after the rescission of the agreement with the Plaintiff.

(2) Accordingly, Company B issued each tax invoice on KRW 15,059,00 for the rent of March 2013, KRW 11,760,10 for the rent of April 2013, KRW 11,312,40 for the rent of May 2013, KRW 11,312,40 for the rent of June 2013, KRW 11,312,400 for the rent of KRW 10,80,90 for the rent of July 2013, and the Defendant paid to Company B three times from May 31, 2013 to July 8, 2013.

E. The Plaintiff’s agreement in this case is from B companies around June 2013.

유사 판례

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-대법원 2015.2.12.선고 2014다44017 판결

-서울고등법원 2016.06.01 2014나51413