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(영문) 창원지방법원 2016.01.13 2014가합36245
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 April 1, 2013, Han Young-gu Co., Ltd. (hereinafter “Nonindicted Company”) concluded a contract with the Defendant for construction works on the production and supply of slot money in KRW 244,186,80 (hereinafter “instant construction contract”).

B. On April 25, 2013, the non-party company entered into a contract with the Plaintiff to transfer the status as a contractor for the instant construction contract (hereinafter “instant transfer contract”).

[Ground of recognition] The fact that there is no dispute, Gap's evidence No. 1, and the purport of whole pleading

2. The parties' assertion

A. The Plaintiff’s assertion concluded the instant transfer contract with the Nonparty Company with the Defendant’s consent, and completed the entire construction work under the said contract.

However, while the above construction work is in progress, the defendant purchased chain equivalent to KRW 20,000,000 and supplied it to the plaintiff, and does not pay the remainder of the construction cost by paying only KRW 54,00,000 among the above construction cost. Thus, the defendant is obligated to pay the plaintiff the construction cost of KRW 170,186,80 (=244,186,800 - - 20,0000 - 54,000,000) and delay damages therefor.

B. The Defendant’s assertion did not consent to the instant transfer contract, and the Plaintiff subsequently becomes aware of the fact that the Plaintiff acquired the performance of the metal parts of the instant construction contract from the non-party company, but only did not raise any further objection to prevent delay in construction.

The Plaintiff and the Defendant agreed that the construction cost of the above metal parts shall be KRW 92,800,000. The Defendant purchased chain equivalent to KRW 20,000,000 to the Plaintiff and supplied the Plaintiff with the advance payment of KRW 54,000 as part of the construction cost. Since the Plaintiff discontinued construction work before completion of the construction work corresponding to the above construction cost, the Defendant is not obliged to pay the construction cost to the Plaintiff.

3.

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