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(영문) 서울북부지방법원 2017.08.25 2016가단109809
매매대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of premise;

A. On November 19, 2012, Korea-dong Development Co., Ltd. contracted for A construction from Jinju-si Development Co., Ltd. to the Defendant during the subcontract for internal design and swimming pool construction (hereinafter “instant subcontracted construction”).

B. On July 29, 2013, the Defendant re-subcontracted to B on July 29, 2013 the instant sub-subcontracted the construction cost of KRW 275,000,00 (including value-added tax) for the said subcontracted work, and on November 29, 2013, the construction period of KRW 275,00,000 (including value-added tax), but B failed to comply with the said completion period.

C. B continued to perform the said title construction even after the due date for completion, and around January 7, 2014, requested that the portion not preserved out of the amount of materials already paid by the Plaintiff C be paid as progress payment even if some of the prices of materials to be disbursed in the future are paid in the form of progress payment.

On the same day, C and B confirmed the parts of the instant wooden project and the unsatisfy portion, and C and B were asked to settle and end up the contents confirmed as above, but B refused to do so, and C and B went away from the construction site after suspending the wooden project at that time.

E. Meanwhile, on the other hand, on December 11, 2013 through January 29, 2014, the Plaintiff supplied materials for wood construction works equivalent to KRW 39,738,80 (excluding transportation charges and tax amount) as indicated below (hereinafter “instant supply table”) to the said subcontractor’s site as follows:

(F) On December 11, 2013, the supply price of 3,045,00 won 304,500 won 1,395,500 won 1,395,500 won 139,500 won 10,648,800 won 10,648,800 won 28,388,400 won 30,790,000 Simbs 30,790,000 won 30,00,000 won 2,790,000 won 30,000,00 won 30,00 won 30,00 won 30,00,00 won 30,00 won 304,50,000 won 14,69,604, 296, 209, 1604, 209, etc. 1605 won

F. On February 6, 2014, the Plaintiff is against the Defendant.

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