(영문) 서울중앙지방법원 2015.04.30 2015가합508100

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(영문) 서울중앙지방법원 2015.04.30 2015가합508100

물품대금

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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. On May 207, the Busan Regional Land Management Agency awarded a contract to the Defendant for the construction of the national highways of approximately 10.02 km from Gyeongcheon-si, Gyeongcheon-do to Gyeongcheon-do. On May 2012, the Defendant awarded a subcontract to Sejong C&C Co., Ltd. (hereinafter “SN”) for the instant construction works, which are part of the instant construction works (hereinafter “instant construction”), and the Plaintiff supplied cement and aggregate to the instant construction site performed by Sejong C&C from August 2013 to April 2014 may be recognized by taking into account no dispute between the parties concerned or the overall purport of oral proceedings.

2. Around February 2013, the Defendant asserted that the Plaintiff supplied cement and aggregate to the instant construction site in accordance with the order of Sejong T&C, and agreed that the goods price should be paid directly by the Defendant to the Plaintiff. According to the said agreement, the Plaintiff supplied cement and aggregate to the instant construction site from August 2013 to April 2014, and some of the supplied goods from August 2013 to March 2014 have been paid directly by the Defendant.

However, S&C entered the rehabilitation procedure around May 2014 and borrowed it, the Defendant did not pay to the Plaintiff the sum of KRW 43,726,513 for the portion of the supplied goods and KRW 116,987,770 for the portion of the supplied goods on April 2014, and KRW 73,261,257 for the portion of the supplied goods. Accordingly, the Defendant is obliged to pay the Plaintiff the said amount of KRW 116,987,770 according to the direct payment agreement.

3. Determination

A. Therefore, we examine whether the Plaintiff and the Plaintiff agreed to pay the Plaintiff the price for cement and aggregate supplied at the construction site of this case directly to the Plaintiff, or whether such agreement had been made to the Plaintiff.

(b) Domins, A.

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