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(영문) 대구지방법원 2019.01.17 2018가단107388
물품대금
Text

1. The Defendant’s KRW 172,065,00 for the Plaintiff and KRW 5% per annum from May 4, 2018 to January 17, 2019.

Reasons

1. Comprehensively taking account of the overall purport of the entries and changes in Gap evidence 1 through 5, evidence 6-1, 2, and Eul evidence 1 (Evidence 1, 1, 2, and 1 (Evidence 1, 1, 2) among D D D Corporation, the defendant supplied and supplied machinery among D Corporation Co., Ltd., Ltd., and the plaintiff completed all of the construction cost for the system heating, cooling, and heat exchange equipment supply and trial operation cost of KRW 456,50,00 (including value-added tax) with sewage paid by the defendant until December 20, 2017, and the fact that the defendant paid the plaintiff KRW 284,435,00 out of the construction cost as above until September 28, 2017.

Therefore, the defendant is liable to pay the remainder of the construction cost to the plaintiff.

2. 1) As to this, according to the subcontract agreement with the Plaintiff, the Defendant, a subcontractor, paid the price within 20 days after receiving the progress payment from the original contractor (the original contractor), but it is recognized that the Defendant, the original contractor, was unable to comply with the Plaintiff’s claim, as the Defendant, a company E, under the rehabilitation procedure, did not receive the payment of the work price of KRW 240,000,000,000 for the original contractor, and the Defendant, the contract between the Defendant, was entered into between the original contractor and the Defendant. According to each of the descriptions of the evidence Nos. 1 and 2, the payment shall be made without advance payment, and the payment shall be made 90% after the completion of the delivery, and the remainder shall be paid 10% after the completion of the trial operation and the completion of the warranty, and the Defendant, the subcontractor (the original contractor) shall be paid in cash within 20 days after receiving

In addition, the fact that E, the original contractor, entered the rehabilitation procedure, was unable to receive the payment of the construction cost of KRW 240,000,000,000 until the closing of the argument in this case shall be deemed to have been led to the confession of the Plaintiff, as the

3) When the contracted construction work has been completed in full, the price must be paid as a matter of course, and the original contractor (subcontract) has failed to receive the construction cost from the original authority (the ordering person or the original contractor).

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