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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff was awarded a subcontract for a part of the construction works of Gangseo-gu Seoul Metropolitan Government Apartment Urban Development Project District 1, 2, and 3 apartment complexes from Hanyang-gu, Seoul. 2) The Plaintiff requested the Defendant to make an estimate on the ground that the materials attached thereto are necessary to perform the structural construction during the subcontracted construction. Accordingly, the Defendant issued a written estimate (Evidence 7; hereinafter referred to as the “written estimate”) stating the quantity, unit price, and supplied amount of the attached list 1 to the Plaintiff.
On the other hand, the written estimate of this case contains the estimated amount calculated by multiplying the expected number of required units by the unit price in the case of a basic (standard) with the size and area standardized. In the case of a non-standard board, the estimated amount calculated by multiplying the estimated area by the unit price is stated.
3) On January 8, 2013, the Plaintiff and the Defendant adjusted the contract amount based on the instant quotation, and on January 8, 2013, the Plaintiff and the Defendant enter into a contract for the supply of goods with the content that the Plaintiff would be supplied by the Defendant with the quantity of emulpies in the attached Table 1 to the contract amount of KRW 1,375,00,000 (including value-added tax)
A) On the other hand, Article 6 of the instant goods supply contract provides, “The supply quantity under this contract shall, in principle, be supplied in accordance with the attached quantity, and the amount of increase or decrease in the size and quantity during the construction work shall be settled in accordance with the unit price of this contract, and the payment shall be settled in full with the down payment.” 4) The Defendant decided that the Plaintiff’s ability to pay the goods was insufficient and received direct payment from Hanyang Co., Ltd., and at the time of entering into the instant goods supply contract, the Plaintiff, Defendant, and Hanyang Co., Ltd., Ltd. shall pay the goods to the Defendant under the instant goods supply contract.