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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff is a company that produces and supplies construction materials, such as pit pumps (GNG FORM) at large food farms, at the construction site. The Defendant is a contractor of “B” construction ordered by the Korea Land and Housing Corporation (hereinafter “instant construction”).
B. On May 12, 2016, the Defendant entered into a contract to subcontract reinforced concrete construction among the instant construction to KRW 3,280,000,000 (including value-added tax) with the original construction company (hereinafter “original construction”) on May 12, 2016.
The method of paying the price under Article 5 of the Commodity Sales Contract: (a) the method of paying the price for the intermediate payment and the balance: (b) the price for the advance payment under Article 6 of the Contract shall be paid at the original office on August 5, 2016; (c) the price for the down payment of the down payment of KRW 60,000,000 on September 30, 2016, KRW 370,500 on September 30, 2016; and (d) the payment of the intermediate payment and the balance shall be made at the same time with the contract for the advance payment of KRW 63,50,000 on October 30, 2016; and (c) the payment of the price for the intermediate payment and the balance shall be made in cash on the date specified in Article 5 above. The Plaintiff shall supply the construction materials, such as pumps, to the site of the instant construction project separately from the value-added tax (hereinafter referred to as “instant contract”).
D. D.
Under the instant contract, the Plaintiff supplied a total of KRW 370,000,000 to the construction site of this case from August 7, 2016 to November 27, 2016.
Title: Request for payment of price of mining pumps
2. On July 18, 2016, us supplied materials after entering into a contract for the supply of original construction and pit products (including value added tax) on the construction site (the instant construction site) on July 18, 2016, but it did not receive down payment for the supply of materials other than down payment of KRW 50,000,000 until now.
(Submission of Written Consent to Employment)
3. Accordingly, our country is manufacturing and manufacturing of mine pumps at the site of return due to the occurrence of a situation in which materials necessary for the manufacture of mine pumps are not smooth.