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(영문) 대구지방법원경주지원 2014.11.14 2014가합406
물품대금
Text

1. The defendant shall pay to the plaintiff KRW 293,156,651 and KRW 284,035,00 among them to the day of complete payment.

Reasons

1. Basic facts

A. Samsung C&T Co., Ltd. subcontracted the instant construction work from the Korea Western Industries Co., Ltd., and subcontracted the said construction work to the Gangnam Construction Co., Ltd., on October 14, 2013, Gangnam Construction Co., Ltd., the Defendant, on October 25, 2013, subcontracted the said construction work for manufacturing steel products in succession to C (hereinafter “C”) on October 25, 2013. On November 12, 2013, C re-subcontracted the instant construction work to the Plaintiff as KRW 521,850,000 per ton of the construction cost.

B. From December 19, 2013 to December 24, 2013, the Plaintiff manufactured goods from the instant construction project and completed the delivery of goods to the Gangnam Construction Co., Ltd., the ordering place.

C. On December 17, 2013, prior to the completion of the delivery of the above goods, the Plaintiff was drafted by the Defendant a written consent from the direct and non-performance of the following contents (hereinafter “instant direct and non-performance consent”).

As to the instant construction project, the Defendant requested direct payment of the construction cost from the Defendant, and as to the money indicated below, the Co., Ltd. shall be deemed to have received the price for the instant construction project: 355 tons x 1,470,000 won = 521,850,000 won (excluding value-added tax) for the additional quantity in direct settlement between the Plaintiff and the Defendant.

b. 【Ground of recognition】 The fact that there exists no dispute, entry of Gap Nos. 1 through 6, and the purport of whole pleading

2. According to the above facts finding as to the cause of the claim, according to the written consent for direct payment in this case, the defendant sought from the plaintiff as to ① 574,035,00 won for goods including value-added tax (521,850,000 won x 1.1), as the plaintiff seeks, 5% per annum under the Civil Act from January 20, 2014 to April 17, 2014, the delivery date of a copy of the complaint in this case, and 9,121,651 won [6,919,873 won (574,035] from the next day to April 24, 2014, 9,121,651 won per annum under each of 20% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings until April 24, 201

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