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(영문) 서울남부지방법원 2017.06.01 2016가단38850
공사대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The following facts of recognition do not conflict between the parties, or may be acknowledged by considering the whole purport of the pleadings as a whole in the statements in Gap evidence 1, Gap evidence 3, 4, 5, Gap evidence 7, 8, Eul evidence 1-6, Eul evidence 5, Eul evidence 6-1, 2, Eul evidence 10, and 11.

In around 2000, the Plaintiff and the Defendant Company A (hereinafter “Defendant Company”) entered into a trade agreement between the Plaintiff and the Defendant Company (hereinafter “Defendant Company”) on the supply of paints and other goods produced and sold by the Plaintiff to the Defendant Company, and on the same day, the Defendant Company B guaranteed the Plaintiff’s obligation to pay the above goods.

(2) Article 5 of the above transaction agreement provides, “The price of goods shall, in principle, be paid in cash at the time of delivery of the goods, but if the Plaintiff recognizes, the payment may be made by means of a check of the number of units under the conditions of approval with a deadline not exceeding 90 days or a bank promise note. In a case where the Defendant Company neglected to pay the price of goods, the Plaintiff Company may claim for compensation for delay at an interest rate of 25% per annum, counting from the date of payment.”

B. On October 2010, the Plaintiff and Echip Construction Co., Ltd. (hereinafter “dusan Construction”) entered into a subcontract for the part of painting construction work among the construction works of the main complex building located in Busan Shipping Daegu Co., Ltd. (hereinafter “D building”) to Echip Co., Ltd. (hereinafter “ Echip Co., Ltd.), and Echip Co., Ltd entered into a subcontract for the part of the 1,176,230,000 won of the above painting work (hereinafter “instant painting work”) to the Defendant Company for construction cost of KRW 1,176,230,00 (including value-added tax).

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