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(영문) 대구지방법원 2015.10.16 2015가단10957
물품대금등
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of the dispute

A. On December 3, 2012, Blux Co., Ltd. (hereinafter “Blux Construction”) ordered the construction of a dormitory for “Blux Golf Course” (hereinafter “instant construction”) located in Pluxa 108-4 at the time of permanent stay in Pluxa Construction Co., Ltd. (hereinafter “Pluxa Construction”).

On March 2013, 2013, 000, 000.3.3. 1. 2. 1. 2. 3. 2. 3. 3. 2. 2. 2. 3. 3. 1. 2.

B. On October 2013, the Plaintiff completed all of the installation works of cooling and heating equipment (4 out of the room, 4 indoors) at the new building of this case.

C. White Construction suspended construction without completion of the instant construction.

The Defendant ordered the remainder of the instant construction work from Bluuwon Co., Ltd. to KRW 371,148,100, and completed the construction work from October 10, 2013 to November 20, 2013.

511-81-15190, and the corporate registration number of the defendant is 616-81-4666.

[Reasons for Recognition] Facts without dispute, Gap 3, 4 evidence, Eul 4 evidence, the purport of the whole pleadings

2. The assertion and judgment

A. The gist of the Plaintiff’s assertion C requested the Plaintiff to conduct direct trade with the mountain construction when requesting the delivery and installation of air conditioners, and the Plaintiff consented thereto.

After the closure of the construction project, the Defendant fully assumed the obligation of the construction of the instant construction project.

Therefore, the defendant is liable to pay 85,839,800 won, which is the remainder of the amount calculated by subtracting 20,000,000 won already received by the plaintiff from 105,839,800 won for delivery and installation of cooling and cooling equipment to the plaintiff and delay damages therefor.

B. The Plaintiff’s assertion that white construction and the Plaintiff directly traded at the request of the judgment C is delivery and installation of air conditioners against the Plaintiff.

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