logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원김천지원 2016.07.06 2015가단32154
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 February 24, 2014, the Defendant received a contract from Samsung Engineering Co., Ltd. (hereinafter “Tsung Engineering”) to install facilities, such as automatic control devices, pipes, distribution lines, air conditioners, and heating facilities, and pharmaceutical manufacturing facilities, within the Yeonsu-gu Incheon Factory (hereinafter “instant factory”).

B. The Defendant subcontracted the above installation work to 1,094,005,000 won (including value-added tax) on NAB Engineering Co., Ltd. (hereinafter “NB Engineering”).

C. By January 31, 2005, the NAC suspended the construction work under the agreement with the Defendant, and the Defendant completed the said construction work.

[Reasons for Recognition] Unsatisfy, Partial entry of Evidence A No. 1, and the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion 1) During the period from December 31, 2014 to January 30, 2015, the Plaintiff is an electric cable equivalent to the sum of KRW 66,718,300, as required for the said installation site to the Defendant (hereinafter “instant electric cable”).

(2) The Plaintiff asserts that the Defendant had not received the price of the instant electric wire from the Defendant. 2) The Defendant used the instant electric wire at the time of completing the said installation work, and thus, the Defendant is obliged to pay the price of the instant electric wire to the Plaintiff.

B. The Defendant asserts that the instant electric wire was not supplied to the Defendant, but supplied to the broadband Engineering.

3. Determination

A. The above 2-mentioned

A. As to the claim 1, the following circumstances are acknowledged by the overall purport of the statement and pleading of evidence Nos. 5-2, 3, 6-1, 8-4 through 7, and 5 through 7 of evidence Nos. 5-7, i.e., (i) the Plaintiff is a person who has been engaged in a transaction with broadband engineering since 2012; and (ii) the electric cable price supplied in the said installation work was paid from Gyeong Engineering up to December 2014; and (iii) the electric cable price supplied in the said installation work was paid from Gyeong Engineering until January 5, 2015.

arrow