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(영문) 수원지방법원 성남지원 2018.07.11 2017가단10632
물품대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The Plaintiff’s assertion is liable to pay the Plaintiff the unpaid amount of KRW 127,526,842 and the delay damages therefrom, on the ground that the Plaintiff supplied steel materials equivalent to KRW 157,526,842 to the new construction site of a commercial building owned by the Defendant according to the order of Korea Ltd. (hereinafter “Korea”) from June 2016 to October 2016.

2. According to the purport of the written evidence No. 4 and the entire pleadings, the Defendant entered into a contract for construction work with the Korea Communications Institute on August 24, 2016 with the content that the construction cost of KRW 550 million for the new construction of the said new construction of the said new construction of the said new construction of the said facilities in the Korea Communications Institute during the period from August 28, 2016 to November 28, 2016. The Plaintiff is recognized as having supplied the said new construction of the said facilities to the Korea Communications Institute that performed the said new construction work according to the Korea Communications Institute’s order.

However, as long as the Plaintiff sought the payment of the price of the goods due to the cause of the instant claim, the Plaintiff cannot directly claim the payment of the price of the goods against the Defendant, the owner of the instant construction site, who is the other party to the contract for the supply of steel materials, even if there exists the price of the goods that were not supplied and received with the steel materials at the aforementioned construction site.

Therefore, the plaintiff's claim is without merit to examine the remainder of the claim.

3. The plaintiff's claim for conclusion is dismissed as it is without merit. It is so decided as per Disposition.

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