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(영문) 인천지방법원 2016.05.17 2015나8629
물품대금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. The facts of recognition do not conflict between the parties, or comprehensively taking account of the overall purport of the arguments in Gap evidence Nos. 1 through 4, 6 through 12, 16, 17, and Eul evidence No. 1 (including the number of branch numbers; hereinafter the same shall apply). The plaintiff is a company that aims at manufacturing and selling construction materials, such as bricks, and the defendant is a company that engages in civil engineering construction works, etc.; ② on May 22, 2013, the defendant was awarded a contract for the construction and civil engineering works in the Incheon Cheongcheon-gun Military Unit Co., Ltd. (hereinafter "the construction of this case"). The plaintiff supplied materials, such as red bricks, etc., to the plaintiff at the construction site of this case; ③ The defendant agreed to pay materials directly to the plaintiff; ③ Accordingly, the plaintiff paid the total amount of materials to the plaintiff from November 18, 2013 to March 5, 2014;

2. Determination

A. According to the above facts finding as to the cause of the claim, the defendant is obligated to pay the amount of 18,488,120 won (75,046,840 won - 56,558,720 won) payable to the plaintiff who supplied materials, such as red bricks, etc., at the construction site of this case, and damages for delay.

B. On December 28, 2013, the Defendant asserted that the instant construction project was terminated with the Ulsan Construction Co., Ltd. and the instant construction project, which is the prime contractor, and that Korea Coast integrated Construction Co., Ltd. succeeded to the instant construction project from January 1, 2014. Accordingly, the Defendant did not bear the Defendant’s obligation to pay KRW 8,491,120 supplied by the Plaintiff at the instant construction site thereafter. As such, the written statements in the evidence Nos. 5, 5, 7, and 8 are alone up to December 28, 2014.

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