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(영문) 서울중앙지방법원 2020.02.13 2018가단5275638
물품대금
Text

1. The Defendant’s KRW 43,627,50 for the Plaintiff and KRW 6% per annum from November 21, 2017 to September 10, 2018.

Reasons

1. Basic facts

A. The Defendant entered into a subcontract with E Co., Ltd. (formerly: F Co., Ltd.; hereinafter “E”) and Changwon G Apartment (hereinafter “instant site”) on metal construction among construction works.

B. On June 22, 2017, the Plaintiff entered into a contract with E for the supply of goods materials with the content that the goods shall be supplied at a contract price of KRW 168,300,000 from June 22, 2017 to July 31, 2018. On September 27, 2018, the Plaintiff entered into an oral contract with E for the additional installation and construction of Aluminium windows and materials that are equivalent to KRW 54,142,00 in the attached building to the instant site.

(hereinafter “instant contract”). C.

According to the instant contract, the Plaintiff received the total amount of KRW 78,00,000 (including value-added tax) from E on the basis of the following claims for the origin of the goods and materials supplied and constructed at the instant site, and claiming for the origin of the first to three occasions.

On October 2017, 2017, 30,000,000, 333,000,000 on February 21, 2017, 208, 200 on February 21, 2017, 208, 222,727,307,300,000 on March 22, 2017, 32,376,000,00 on March 32, 207, 200 on October 27, 2017, and 32,376,000,000 on September 20, 200, 200 on September 18, 2017; 20,000,000 on the aggregate of 32,376,00,000,000,000 on September 20, 2009;

D. When the Plaintiff’s failure to receive part of the progress payment from E continues, the head of the Defendant’s team leader and the construction director, who are the Plaintiff’s agent, held on November 1, 2017, meetings that the Plaintiff shall pay the progress payment to the Plaintiff along with I, who is the representative director of H and E, as follows:

1. In the case of progress payment for metal works and AL creative progress payment i) AL creative progress payment, the Defendant consents to the direct payment. In the case of the previous Plaintiff’s change: Defendant E (Unhandling - Payment Method - Bill, Bill, Cash Confirmation) ii), including the additional amount of the existing contract amount, approximately 2.0 billion, including the additional amount.

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