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(영문) 수원지방법원성남지원 2014.04.08 2013가합202218
물품대금
Text

1. The Defendant shall pay to the Plaintiff KRW 255,764,383 and the interest rate of KRW 20% per annum from November 6, 2013 to the day of full payment.

Reasons

1. The following facts may be found either in dispute between the parties or in full view of the entries in Gap evidence 1, 2, and 3 (including paper numbers; hereinafter the same shall apply) and Eul evidence 3 and 5 and the whole purport of the pleadings:

On September 28, 2011, Nonparty B Co., Ltd. (hereinafter “Nonindicted Company”) concluded a construction contract with the Defendant, the owner of the 4 sections for the instant construction work of apartment C (hereinafter “instant construction work”) to set the construction cost of KRW 81,871,290,00 and the construction period from September 28, 201 to October 15, 2013, respectively.

B. The Plaintiff, a company running steel wholesale and retail business, intended to supply steel bars to the non-party company in relation to the instant construction work.

C. On May 1, 2012, the Plaintiff prepared a direct payment agreement (hereinafter “instant agreement”) with the Defendant to pay the Plaintiff KRW 5,000,000 to the non-party company for the supply price of the non-party company 5,00,000,000 to the Plaintiff directly. On May 16, 2012, the Plaintiff obtained a fixed date from the Government Registry of the District Court of the Jung-gu District to obtain a 3131 date. The main contents are as follows: (i) the contract amount of the 4th district apartment construction project in the name of the construction project under the original contract, (ii) the contract amount of the 87,04,619,000 won to the non-party company, (iii) the contract period of the 500,000,000,000 supply price of the supply price of the materials under the subcontract to the Plaintiff, and (iv) the Plaintiff’s domicile and address of the Plaintiff on September 15, 2013.

1. The project owner shall pay a subcontract price corresponding to the portion of the sewage supplied by the subcontractor in the subcontract between the said contractor and the subcontractor, in accordance with Article 14 of the Fair Transactions in Subcontracting Act and Article 35 of the Framework Act on the Construction Industry;

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