logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원부천지원 2017.11.15 2016가단113582
물품대금
Text

1. The Plaintiff:

A. As to Defendant B’s KRW 26,171,781 and as to this,

B. Defendant C and D shall each be KRW 17,447,854 and this shall apply.

Reasons

1. Basic facts

A. The Plaintiff is a corporation whose purpose is timber and the wholesale and retail business of construction materials, and the network E is the owner of G located in two lots, Jongno-gu Seoul Metropolitan Government and two lots (hereinafter “instant building”).

B. On November 19, 2014, the network E entered into a contract with the Intelligent Construction Co., Ltd. (hereinafter referred to as “Intelligent Construction”) under which the terms of a contract with the construction cost of KRW 750,000,000 for the new construction of the instant building and the construction period of February 28, 2015 for the new construction of the instant building until February 28, 2015. On February 4, 2015, the network E entered into a contract for the alteration of a contract with the construction cost of KRW 1,30,000,000, and the construction period of KRW 1,300,000 for the construction

C. The construction of the instant building was carried out according to the said contract and completed around June 2015, and the network E obtained approval for the use of the instant building on June 8, 2015.

After that, the construction of the third floor of the instant building (hereinafter referred to as the “third floor construction”) was conducted, and the Plaintiff supplied construction materials equivalent to KRW 61,067,490 at the construction site of the instant third floor from June 10, 2015 to August 3, 2015 (hereinafter referred to as the “construction materials of this case”).

E. Meanwhile, the network E died on November 20, 2015, and Defendant C and D, the spouse of Defendant B and their children, inherited each statutory inheritance share 3/7, 2/7, 2/7, and 2/7.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 9, evidence 12-1 to 3, Eul's statement and the purport of whole pleadings

2. The parties' assertion and judgment

A. The Plaintiff asserted 1) Unlike the new construction of the instant building, the 3rd floor construction works were conducted directly by the network E, and the Plaintiff was requested to supply wood, etc. from the network E and supplied the instant construction materials to the network E. As such, the Defendants, the heir of the network E, are obligated to pay the price for the goods according to their shares of inheritance. 2) As to this, the Defendants contracted the new construction of the instant building to the network E.

arrow