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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The Defendant, on January 18, 2013, awarded a contract with SK Construction Co., Ltd. for construction of the construction of the 6-5 NEW PPPPHECT in Ulsan-dong-dong, Ulsan-gu, and subcontracted the relevant construction of reinforced concrete (hereinafter referred to as the “instant construction”).
[Reasons for Recognition] Unsured Facts, Eul evidence, the purport of the whole pleadings
2. Determination
A. The Plaintiff’s assertion 1) He concluded a construction material supply contract with the Plaintiff from January 3, 2013 to March 30, 2013, and provided the Plaintiff with the construction material necessary for the instant construction from January 3, 2013 to March 30, 2013. The unpaid construction cost is KRW 19,176,176. 2) As the Defendant renounced the instant construction work around March 30, 2013, and the Defendant directly concluded a contract for the supply of construction material with the Plaintiff and directly concluded a contract for the supply of construction material from April 2, 2013 to June 20, 2013, and the unpaid amount is KRW 12,957,745.
(1) On the other hand, the Defendant agreed to accept KRW 19,176,176,176 of the purchase price of the building materials for the Plaintiff at the time of direct conclusion of the construction contract with the Plaintiff (the second place). Even if not, the Defendant succeeded to the construction of this case upon the waiver of the construction of this case and directly belonged to the trade name of floating construction, and thus, the Defendant is liable to pay KRW 19,176,176 of the purchase price of the building materials to the Plaintiff at the time of excursion Construction (the third place) as the transferee of the business, who belongs to the trade name pursuant to Article 42 of the Commercial Act, is liable to pay the Plaintiff the unpaid purchase price of the building materials to the Plaintiff at the time of excursion Construction (the third place).
B. Determination 1 A) On May 13, 2013, 2016, the relevant construction consulted on night work with the Defendant on the manufacturing of the fire-fighting boat.
B) On May 15, 2013, excursion construction paid KRW 13,000,000 to the Plaintiff out of the price of construction materials supplied in relation to the instant construction project.