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(영문) 인천지방법원 2019.01.23 2018가단28982
물품대금
Text

1. The Defendants jointly and severally committed against the Plaintiff KRW 48,268,00 and Defendant B Co., Ltd. from August 29, 2018.

Reasons

1. Facts of recognition;

A. From January 23, 2018, the Plaintiff supplied steel bars to the construction site located in Gyeonggi-gu, Gyeonggi-do, and issued a tax invoice to E (hereinafter “E”) that had been doing construction work at the construction site.

B. The Plaintiff did not receive KRW 48,268,00, out of the steel bars supplied to the said building site. The Plaintiff renounced the construction work, and agreed to pay the E’s outstanding amount by Defendant C Co., Ltd. (hereinafter “Defendant C”) and Defendant B Co., Ltd. (hereinafter “Defendant B”), a new contractor (hereinafter “Defendant B”) on June 22, 2018, and drafted and implemented a direct payment agreement as follows.

(hereinafter referred to as the “instant direct payment agreement”). The name of the construction project: The location of the supply of the FF in Pyeongtaek-gun: Gyeonggi-gun G, D price for supplied goods: KRW 48,268,00 (including value-added tax), which is the existing company, the original Si Corporation H and the subordinate company, shall be paid KRW 48,268,000,000, which is the unpaid amount of KRW 24,268,000, which is the first 25,000, which is the Defendant B, the contractor of this project, to be paid on July 25, 2018.

The second 24,000,000 won is to be paid from C as the owner of this project by September 10, 2018 and from B as the contractor of this project.

C. The Plaintiff revoked the tax invoice for Defendant E and issued the tax invoice with Defendant B as the recipient of the tax invoice, but is not paid the above amount by the Defendants.

[Ground of Recognition] With respect to Defendant B: The absence of dispute, each entry in Gap evidence 1 through 5, the purport of the whole pleadings against Defendant C: deemed confession

2. Determination

A. According to the above facts, Defendant B is obligated to pay to the Plaintiff the unpaid amount of KRW 48,268,00 and delay damages therefor, barring any special circumstance. (2) As to this, Defendant B is the party which entered into a goods supply contract with the Plaintiff and the Plaintiff is E, and the certificate of direct payment written by the Plaintiff is additionally supplied to Defendant B.

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