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(영문) 수원지방법원안산지원 2015.11.18 2015가단2478
건설공사용부품대금에 대한 직불금
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 August 21, 2013, the Public Procurement Service ordered the Defendant to build a three-stage government office building (construction field). On August 21, 2013, the Defendant awarded a contract for the roof board construction work (hereinafter “instant construction”) to a special enterprise in postal services (hereinafter “special enterprise”).

B. On July 2014, the Plaintiff agreed to supply the materials necessary for the instant construction to the postal special enterprise, and that “the ownership of goods equivalent to the amount of the claim is reserved until the price of goods sold by the postal special enterprise is cashed. Therefore, the Plaintiff shall exercise the ownership of the goods equivalent to the amount of the claim until the price of goods sold by the postal special enterprise is cashed.”

(hereinafter “instant supply contract”). C.

On September 25, 2014, the Postal Special Corporation applied for rehabilitation proceedings as Seoul Central District Court 2014 Ma169 on September 25, 2014. On September 30, 2014, the said court issued a comprehensive prohibition order to the creditors of the Postal Special Corporation including the Plaintiff.

On September 29, 2014, the Defendant and the Postal Special Corporation agreed to the settlement of the instant construction contract and the instant construction contract amounting to KRW 1,190,20,00,00, the reduced construction cost of KRW 88,923,593, the settlement of the construction cost of KRW 1,101,276,40, and the settlement of the construction cost of KRW 407 (the construction cost of KRW 88,923,593, and the settlement of the construction cost of KRW 1,101,276, and 407, the Defendant and the Postal Special Corporation agreed to the settlement of the construction cost of the instant case. As the claims and obligations between both parties related to the instant construction cost and the instant construction cost are completely settled, they will not raise

(hereinafter “instant settlement agreement”). E.

On October 17, 2014, the Plaintiff paid the price of materials directly to the Defendant on the ground of an application for rehabilitation of postal special enterprises.

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