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(영문) 서울남부지방법원 2016.10.27 2016가단9319
물품대금
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 December 29, 2014, the Defendant Company entered into a contract for a construction project with the Armed Forces Central Contract Official for the improvement of B Electric Lines ordered by the Armed Forces Finance Management Agency (hereinafter “instant electrical track improvement project”). On December 29, 2014 through October 28, 2015, with a total amount of KRW 3,260,075,200, the contract period was concluded. On October 28, 2015, the Defendant Company entered into a modified contract with the amount of construction cost to KRW 3,245,829,190 as a result of the reduction of construction cost caused by design modification.

B. 1) The Defendant Company C (hereinafter “C”) on January 6, 2015.

B) As between the instant cable improvement works, the cable installation works and the board installation works (hereinafter referred to as the “instant cable works”).

As to the construction period (hereinafter referred to as “instant subcontract agreement”), a subcontract agreement with the construction cost of KRW 1,947,00,000 (excluding value-added tax) from December 29, 2014 to November 30, 2015 (hereinafter referred to as “instant subcontract agreement”).

(2) At the time of entering into the instant subcontract contract, D and D respectively prepared a letter as shown in the attached Form No. 3-2 and 4, and submitted a power of attorney (Evidence No. 5) to the Defendant Company.

3) Under the permission of the Defendant Company, D used the name of the head of the Defendant Company’s work division, and D’s type E, the head of the Defendant Company’s site office. (c) The Plaintiff Company supplied the instant construction site with the total of KRW 71,004,397, and the total of KRW 16,555,603, Sept. 8, 2015, as well as the total of KRW 16,555,603, etc.

(2) On October 30, 2015, an electronic tax invoice (hereinafter “instant tax invoice”) dated 30, 2015, consisting of the Plaintiff Company, the recipient: Defendant Company, and the total amount: KRW 87,560,000.

(3) On the other hand, the Plaintiff Company issued a written estimate to C in connection with the supply of the instant goods (see evidence 7) and is supplied with C.

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