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(영문) 울산지방법원 2020.02.05 2018가단18428
물품대금 등
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a company established for the purpose of assembling and manufacturing vessel parts, and the Defendant is a company established for the purpose of industrial machinery and equipment, industrial plant construction, etc.

B. On December 20, 2017, the Plaintiff and the Defendant received orders from the Defendant from C Co., Ltd. (hereinafter referred to as “C”) to “the construction works for the creation (BC & integrated production) of 3 main ingredients” (hereinafter referred to as “the construction works in this case”), and “3. Contract price: 682,187,913 won; 682,913 won;

4. Contract term: The purchase contract of this case (hereinafter referred to as the "purchase contract of this case") is determined as the "contract between November 20, 2017 and April 30, 2018", etc.

AB concluded the agreement.

C. The Defendant from March 29, 2018 to the Plaintiff for the same year.

6. Until July, 200, the sum of the progress payments for the instant purchase contract was paid KRW 263,221,752.

[Ground of recognition] Facts without dispute, Gap evidence 1 and 2, Gap evidence 10, part of Gap evidence 10, purport of whole pleadings

2. Determination of the legitimacy of the instant lawsuit is made ex officio. A.

The Plaintiff’s assertion of the cause of the Plaintiff’s claim completed the supply of the quantity pursuant to the purchase agreement of this case concluded with the Defendant, and the Plaintiff’s remaining claim for attempted purchase amounting to KRW 147,838,294 after deducting the cost of raw materials for paid-in price from the Defendant during the progress payment under the purchase agreement of this case. Therefore, the Plaintiff’s claim for attempted purchase amounting to KRW 147,838,294 should be confirmed.

B. 1) Determination 1) In a lawsuit for confirmation, there must be a benefit of confirmation as a requirement for the protection of rights, and the benefit of confirmation is recognized in cases where there is a dispute between the parties as to the legal relationship subject to confirmation, and thereby, when there is apprehensions about the Plaintiff’s rights or legal status, receiving a judgment of confirmation is the most effective and appropriate means to eliminate such apprehensions (see Supreme Court Decision 2009Da9329, Feb. 25, 2010).

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