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(영문) 제주지방법원 2019.11.27 2018나10678
물품대금
Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

Reasons

1. Facts of recognition;

A. Conclusion of a contract for reinforced concrete construction works and Plaintiff’s supply of building materials) Defendant on March 2, 2016, C Co., Ltd. (hereinafter “C”).

3) As to the construction of reinforced concrete among the construction of Dompo-si Dompo-si (hereinafter “instant construction”).

From March 2, 2016 to October 31, 2016, E subcontracted the construction period to KRW 3,902,00,000, the contract amount was set at KRW 2,902,00,000. 2) E entered into an agreement with C on June 24, 2016, and the instant construction work to KRW 2,90,000,00,00, and labor expenses and material expenses shall be paid directly by C at the request of E, and the progress payment shall be paid within 24 hours (including holidays 72 hours) at the request of E after C receives the payment from the Defendant, and E enters into an agreement with E to compensate for the damages suffered by C in the event of a problem in the purchase tax invoice.

E and C set forth in Article 6(2) of the above Agreement that “E does not disclose the content of the agreement to a third party” to E and C, if the project under the above agreement is disclosed to a third party, the Plaintiff has a confidentiality clause that the Plaintiff would compensate twice the agreed amount.

3) On June 8, 2016, the Plaintiff supplied C with construction materials equivalent to KRW 12,350,448, and issued a tax invoice for KRW 12,350,448 on August 9, 2016 for the total amount of KRW 12,350,448,00, in total, KRW 10,832,448, and KRW 13,000 on August 2, 2016. (B) The Defendant and C made a separate agreement on the instant construction work on September 13, 2016, and the main contents are as follows.

(A) “A” refers to Defendant and “B” refers to C. 1. Contract amount: KRW 3,902,00,000.

2. Amount of construction and others: 1,035,90,000 won for construction and advance payment, and 250,000,000 won for construction.

8. Base date of 31. base date of 785,900,000 won: August 31, 2016; 2,866,100,000 won.

3. Materials costs and equipment costs: (1) Only a tax invoice generated by an on-site input quantity shall be succeeded by A, and B shall be bound by relevant data.

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