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(영문) 대전지방법원논산지원 2016.12.15 2016가단20520
양수금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On October 7, 2015, the instant contract and the integrated construction of oriental medicine (hereinafter “non-party company”) concluded a construction contract between the Defendant and the non-party company (hereinafter “the instant contract”) with the content that the non-party company executes aluminium ions in the Defendant’s plastic greenhouse. The construction amount was KRW 177,000,000.

This case is subject to the project for the efficient use of energy, and 50% of the construction cost shall be subsidized from the local government, etc.

On November 30, 2015, the non-party company performed the construction work according to the instant contract and completed the construction work around November 30, 2015.

B. The details of the Defendant’s payment of construction costs and the receipt of subsidies are as follows: (a) the construction cost paid by the Defendant to Nonparty Company under the instant contract and the details of subsidies received from Changwon.

On July 20, 2015, 70,000,000,000 of the subsidies on the date of receipt of the subsidies (wons) 1, 200 on July 20, 2015, 30,003 December 4, 2015, 81,918,000 on December 8, 2018, 918,000 on December 28, 2015; 58,500,005 on December 30, 200 on December 30, 2015; 17,000,000 [founded grounds for recognition] No dispute exists; 1,14,15, and 1 through 3 (including the number that can be described below)

2. Determination as to the cause of action

A. Unlike the contents stated in the contract of this case between the non-party company and the defendant, the contract amount is not KRW 177,000,000,000, and the non-party company's total amount of material cost, personnel cost and value-added tax provided to the defendant, but the contract was established so-called a side agreement with the content that the specific amount shall be settled after the completion

The amount of material supplied by the non-party company to the defendant is KRW 130,253,447; labor cost is KRW 13,310,00; value-added tax is KRW 14,868,00; and the amount that the defendant is obligated to pay to the non-party company is KRW 158,431,447.

However, the defendant on July 23, 2015 from the non-party company on July 30, 200.

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