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(영문) 춘천지방법원원주지원 2016.11.02 2016가단34976
물품대금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On June 2015, the Defendant subcontracted part of the construction work for the construction work for the original GMP plant (hereinafter “instant construction work”). On July 2015, the Plaintiff entered into a contract for the supply of materials with the UNFCCC and supplied the materials at the construction site of the instant case.

B. The Defendant paid KRW 33,00,000,000 on October 28, 2015, and KRW 52,339,000 on November 27, 2015, and KRW 30,339,39,100 on December 30, 2015, respectively, to the Plaintiff on the pretext of material expenses with the consent of Schman.

[Ground of recognition] Facts without dispute, Gap evidence 2, Eul evidence 1 and 3 (including paper numbers), the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The gist of the assertion was that the Plaintiff supplied the materials at the construction site of this case and then issued a tax invoice to the S.C. The materials price was verbally agreed upon by the Defendant to receive directly from the Defendant. In particular, the Defendant agreed to the effect that the Plaintiff prepared and delivered the “written confirmation for payment of the materials cost” (Evidence A) to the Plaintiff that the details of the transaction for the materials cost paid for October and December are subsequently confirmed and paid.

Therefore, the Defendant is obligated to pay to the Plaintiff the total amount of KRW 17,814,348, and KRW 10,359,002 for the materials of October 2015, which was determined by the “Director of the Trade Agency”, and KRW 28,173,350, and delay damages.

B. In light of the fact that the Defendant: (a) prepared a written consent on the direct payment of the subcontract price in three times with the Senna on three occasions; (b) paid KRW 52,39,000 on October 28, 2015, and KRW 52,339,00 on November 27, 2015; and (c) paid KRW 30,339,100 on December 30, 2015, respectively; and (d) according to the evidence evidence evidence No. 1, the Defendant paid the Plaintiff the material cost for the portion of the construction project in this case on October and December 2015, and the relevant details of payment are subsequently verified and paid.

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