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(영문) 춘천지방법원원주지원 2015.07.14 2014가단35425
청구이의
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On January 19, 2012, the Plaintiff was awarded a subcontract for a sunken concrete construction cost of KRW 186 million (excluding value-added tax) among the construction works of the original state C, for which the prime market price was ordered by Jinjin Construction Industry Co., Ltd.

However, on January 19, 2012, the Plaintiff and D drafted the “Agreement on the Management of Construction Site” as indicated in the attached Form, such as the date of the said subcontract.

B. The Defendant, who runs a sales business of building materials under the trade name of “E”, supplied building materials to the said site of reinforced concrete construction from January 2012 to June 2012.

However, the specification of the transaction is written by the recipient “D-F”.

C. According to Article 8 of the “Agreement on the Management of Construction Site”, the Plaintiff directly paid part of the price of construction materials supplied by the Defendant to the Defendant. On February 19, 2013, the Defendant applied for payment order under this Court No. 2013 tea364, while the Defendant did not receive KRW 23,48,124 out of the price of construction materials supplied to the Plaintiff as above. On February 28, 2013, the instant payment order was issued to the Plaintiff, which orders the payment of delay damages calculated at the rate of 20% per annum from the day following the delivery of the original copy of the payment order, to the day of full payment. The instant payment order was finalized as it was because the Plaintiff was served on March 6, 2013, and the Plaintiff did not urge the Plaintiff to pay the materials under this case’s request to the Plaintiff, the Plaintiff’s representative director, as well as the Plaintiff’s payment order under this case’s Telecommunications No. 2013.24.

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