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(영문) 전주지방법원 2020.04.23 2019가합2727
물품대금
Text

1. The Defendant: (a) KRW 305,867,100 for the Plaintiff and KRW 6% per annum from October 1, 2018 to March 12, 2019; and (b) March 13, 2019 for the Plaintiff.

Reasons

1. Facts of recognition;

A. On January 3, 2017, the Plaintiff Company C (hereinafter “C”) on January 3, 2017

(C) The construction cost of the D Apartment Landscape Corporation (hereinafter “instant construction”) awarded by C from the Korea Land and Housing Corporation shall be KRW 2,659,751,744 (hereinafter “instant construction cost”).

2) The Plaintiff, upon entering into a subcontract with the Plaintiff, awarded a contract for the instant construction work again to the Defendant for the same construction cost, and the Defendant, while performing the instant construction work in accordance with a sub-subcontract with the Plaintiff, re-subcontracted the instant construction work to various sewage companies, including the Plaintiff, E (hereinafter “E”) and F (hereinafter “F”) (the representative G; hereinafter “the two companies,” collectively referred to as “instant construction companies”).

3) Meanwhile, the instant construction business entity demanded C to prepare a direct contract form in order to receive a security for the payment of the claim for the construction cost. From September 2, 2017 to February 2, 2018, C among the instant construction business entities, the instant construction business entity: “E” as of the date of the preparation of the subcontract form; “E” for goods supply contract consisting of KRW 145,948,440; “F” as of the date of the preparation of the contract form; “F” for goods supply contract consisting of KRW 160,00,000; and “C” for goods supply contract forming of KRW 160,00,000. (B) From September 2, 2017 to February 2, 2018, C prepared a settlement statement concerning the payment of the construction cost with respect to the Plaintiff and the instant construction business entity directly performing the instant construction business.

2) After February 12, 2018, the Plaintiff and the instant construction cost settlement were completed by paying KRW 206,230 to the Plaintiff on February 12, 2018. (c) The instant construction business entity completed the settlement of the construction cost of both the Plaintiff and the instant construction project. (d) The instant construction business entity failed to receive the construction cost properly from the Defendant, and pursuant to the respective goods supply contract

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