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(영문) 서울중앙지방법원 2018.01.18 2016가단131111
물품대금
Text

1. The Defendant shall pay to the Plaintiff KRW 33,682,00 and the interest rate of KRW 15% per annum from November 25, 2016 to the day of full payment.

Reasons

1. Facts of recognition;

A. On October 30, 2015, the Defendant participated in the bidding of “C Corporation” publicly announced through the national territory, and concluded a construction contract with B Hospital at KRW 136,05,000 as the construction cost between B Hospital and B Hospital.

(hereinafter “instant construction project”). (b)

The Defendant re-subcontracted the instant construction to the Han-Japan Industrial Development Co., Ltd. (hereinafter “Korea Industrial Development”), and commenced the construction. However, upon the discovery of any inconsistency between the design drawings and the design drawings by requesting the business entity “D,” on December 1, 2015, the Defendant drafted a written agreement with the B Hospital to perform the construction without modifying the design regarding “a difference between the design drawings and the drawings,” and to not demand additional construction or hold the Defendant liable for the omitted portion.

C. Meanwhile, on December 2015, the construction of this case was executed in accordance with the construction cost of KRW 115,50,000 (including additional taxes; hereinafter the same shall apply) in D when the person in charge of the work at the early B Hospital affiliated with E, “D,” and the person in charge of the work at the Han-Japan Industrial Development agreed on the issue of inconsistency between the design content and the drawings as above, and the materials and goods prices, personnel expenses, etc. were all claimed to the Defendant through D through D’s G for the Han Industrial Development, the Defendant decided to pay goods and personnel expenses directly to the directly related enterprises.

(hereinafter referred to as “third party agreement.” Accordingly, the development of the Han Industry seems to have practically waived the execution of the instant construction, but G intended to deal with the administrative affairs necessary for the said construction for the Defendant (hereinafter referred to as “third party agreement”).

The Plaintiff, as a business operator manufacturing and supplying the households, received orders from “D” for the households necessary for the instant construction from “D” on December 1, 2015, and became “D (Yeong Construction),” “Person in Charge: G, “Amount: 30,620,000 won (Additional Tax)”.

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