(영문) 광주지방법원 2021.01.29 2020가단517467

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(영문) 광주지방법원 2021.01.29 2020가단517467

물품대금

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1. The defendant shall pay to the plaintiff 106,469,764 won with 12% interest per annum from September 25, 2020 to the day of complete payment.

Reasons

1. Determination on the Plaintiff’s assertion of the cause of claim

A. (1) On January 17, 2019, the Defendant entered into a subcontract with Nonparty C Co., Ltd. (hereinafter “Nonindicted Company”) for the contract amount of the steel reinforced concrete construction work (hereinafter “instant construction work”) among D construction works (hereinafter “instant construction work”) with the Defendant, including the conclusion of a material supply contract, with KRW 3,300,000 (including value added tax).

Meanwhile, at the time of the conclusion of the above subcontract contract, the non-party company and the defendant agreed to pay the remaining amount of the construction cost directly to the non-party company if the defendant proves that the non-party company had delayed payment and useful facts with respect to the construction cost to be paid to the defendant.

On April 23, 2019, the Defendant entered into a supply contract with the Plaintiff for materials supply (hereinafter “instant supply contract”) with the content that the Plaintiff would receive a short-term DECK PALE (hereinafter “instant materials”) from the Plaintiff at the instant construction site.

Meanwhile, at the time of entering into the instant supply contract, the Plaintiff and the Defendant and the non-party company agreed to the effect that the non-party company would directly pay the price to the Plaintiff when a problem arises between the Plaintiff and the Defendant (hereinafter “instant supply contract”).

The main contents of the instant supply contract are as follows.

7. Period: The period between April 24, 2019 and the completion of works;

8. Contract amount: 180,000,000 (excluding VAT);

9. Payment of money: The payment shall be based on the amount of money to be made within 60 days after the last day of each month on the basis of the amount of money brought to the scene by the 30th day of each

10. A special engineer’s port: The Plaintiff supplied the instant materials that the Plaintiff agreed to supply according to the instant supply contract, including (2) the terms and conditions for settling the invoice quantity.

유사 판례

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