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The plaintiff's claims against E Co., Ltd. shall be confirmed as KRW 5,105,635.
The plaintiff's remaining claims.
Reasons
On April 11, 2016, the Plaintiff Intervenor agreed to manufacture and supply metal products at KRW 605,00,000 in relation to the new construction site of G to E Co., Ltd. (hereinafter “Defendant Co., Ltd”).
(A) Evidence No. 4 and hereinafter “instant supply contract”). In light of all circumstances, it is reasonable to deem that the instant supply contract is close to the contract, including that it is for supplying it to a specific construction site and that it appears that it is included in installation services.
Therefore, in order for the Plaintiff’s Intervenor to claim the payment of the price under the instant supply contract to the Defendant Company, barring special circumstances, it should be proven that the goods were supplied according to the instant supply contract.
(Article 65 of the Civil Code) In this regard, the Plaintiff’s Intervenor asserts to the effect that all of the goods equivalent to KRW 605,00,000 were supplied.
However, the evidence submitted by the Plaintiff or the Intervenor alone is insufficient to recognize the fact that the Defendant Company supplied goods exceeding KRW 188,177,567 (the amount of evidence No. 3) recognized by the Defendant Company.
In addition, according to the evidence Nos. 4, the defendant company paid KRW 183,071,932 to the plaintiff's supplementary intervenor as the supply price.
The defendant company asserts that in addition to the above amount paid, the defendant company would not pay directly to the plaintiff's supplementary intervenor or its workers who received sewage from the plaintiff's supplementary intervenor, and that no longer pay to the plaintiff's supplementary intervenor.
However, it is difficult to readily conclude that only the evidence presented by the Defendant Company is related to the money paid by the Defendant Company to other companies, etc. and the goods supplied by the Plaintiff Intervenor.
Therefore, the unpaid amount of the Defendant Company is KRW 5,105,635 ( KRW 188,177,567 - KRW 183,071,932). Since the Plaintiff acquired the above claim, the Plaintiff’s bankruptcy claim against the Defendant Company is KRW 5,105,635.