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(영문) 인천지방법원부천지원 2016.05.18 2015가합2170
양수금
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 August 8, 2012, the Defendant entered into a subcontract for construction works between the Defendant and Samsung C&T Co., Ltd. (hereinafter “T&T”) with the Samsung C&T Co., Ltd. (hereinafter “T&T”), and entered into a subcontract for construction works with the content that the AL creative construction works (two sections) among the reconstruction works of this village and Samsung C&T apartment at the contract price of KRW 7,902,521,00,000 (including value-added tax).

B. 1) Team Informationex Co., Ltd. (hereinafter “Organization Informationex”) is a contract for the supply of goods and a subcontract for construction works between the company and the Defendant.

(2) On June 1, 2013, a goods supply contract between the Defendant and the Defendant to supply the building materials to be used in the said AL Chang Lake (section 2) to the Defendant (including value-added tax) and the goods supply contract between the said AL Chang Lake (section 2) and the AL CLHE EET Corporation (hereinafter “instant construction”).

(2) On November 1, 2014, the team Atex and the Defendant respectively concluded a contract to reduce the contract amount of KRW 2,417,690,00 (including value-added tax) to KRW 2,322,186,570 (including value-added tax) on the said contract for the supply of goods, and to reduce the contract amount of KRW 1,229,140,00 (including value-added tax) to KRW 959,640,00 (including value-added tax) on the said contract for the supply of goods.

(hereinafter “instant contract”). C.

On October 1, 2014, 2014, team Ax requested the Defendant to pay KRW 702,122,859 as additional construction cost in the attached Table for the instant construction work. 2) On February 26, 2015, team Ax again requested the Defendant to rectify the payment for the completed portion under the instant contract.

On April 17, 2015, the assignment of team Kex 1 team Kex 702,122,859 won concerning the instant construction work to the Plaintiff.

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