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(영문) 서울동부지방법원 2018.10.30 2017가단17376
물품대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The facts underlying the Defendant subcontracted the mold construction work among the new construction works of the D Building in Gangwon-gu, Seoul on April 4, 2016, to E Co., Ltd. (hereinafter “E”). The fact that the Plaintiff entered into a lease agreement with E on February 24, 2016 and supplied the temporary materials at the construction site at the above construction site may be recognized by either the dispute between the parties concerned or the evidence as set forth in subparagraph 4 and subparagraph 1.

2. The assertion and judgment

A. (1) The Plaintiff’s assertion (1) did not pay the price for the temporary materials leased from the Plaintiff, and the Plaintiff suspended the supply on or around June 30, 2016. Accordingly, the Defendant agreed to pay the price for the materials that were incurred in the future, including the price for the materials that were not previously paid, to the Plaintiff.

Meanwhile, from February 29, 2016 to May 31, 2017, the Plaintiff leased the temporary materials equivalent to KRW 513,082,234 in total. Since E paid KRW 130,00,000, KRW 194,951,338, and KRW 26,81,697, the Defendant paid the remainder to the Plaintiff. As such, the Defendant should pay the remainder to the Plaintiff KRW 161,319,199.

(2) When the Defendant resumes the supply of the materials discontinued by the Plaintiff, the Defendant merely consented to the Defendant’s direct payment of part of the construction cost of reinforced concrete to be paid to E at the time of the Plaintiff’s claim for the payment for completed portion, and there is no fact that the Defendant would make a direct payment of the construction cost of reinforced concrete to the Plaintiff.

B. Considering the following circumstances, based on the evidence Nos. 1, 4, 5, and Nos. 1 through 4, 6, and 7, the Plaintiff’s written evidence Nos. 1 and 7 submitted by the Plaintiff, the agreement was reached between the Plaintiff and the Defendant that the Defendant would directly pay the unpaid rent to the Plaintiff.

It is difficult to recognize that the defendant consented to the agreement between the plaintiff and E to that purport.

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