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(영문) 서울중앙지방법원 2018.06.28 2017가합560799
대금지급청구
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The following facts may be found either in dispute between the parties or in full view of the purport of the entire pleadings in each entry in Gap evidence Nos. 1, 2, 3, and Eul evidence Nos. 1, 2, and 5:

On November 12, 2015, C awarded a contract to the Defendant for household supply and installation works among “E-Newly constructed apartment in D”, and the Defendant subcontracted the said construction to F Co., Ltd. (hereinafter “F”) around that time.

B. On February 23, 2016, the Plaintiff, the Defendant, and the Nonparty Company drafted a “Agreement on Direct Payment of Materials” (hereinafter “Agreement”) relating to the said construction as follows.

The name of the construction project: The owner of materials supplied by the Defendant: The Defendant, the non-party company, and the Plaintiff confirm the following matters with respect to the above site in relation to the supply of materials and construction works from the Defendant, and prepare three copies of the confirmation form and keep one copy of each.

1. Of the construction cost to be paid by the defendant to the non-party company in relation to the above site, it is confirmed that the defendant would pay directly to the non-party company the material cost supplied to the non-party company at the above site under the confirmation of the defendant, the non-party

2. The non-party company agrees in advance that the Defendant directly pays to the Plaintiff only the material cost (including 300 million won/VAT) out of the progress payment that the Defendant shall pay to the non-party company.

3. Provided, That if the confirmation under paragraph (1) is impossible due to reasons attributable to the non-party company, the confirmation of the non-party company shall be omitted, and it shall be paid after the confirmation between the defendant and the plaintiff, and the unit price of materials shall be paid in accordance with the estimated price agreed between the non-party company

4. The method and terms of claiming the purchase price of materials to be paid by the Defendant to the Plaintiff are cash payments in breach of the conditions of the non-party company, and the date of payment of the purchase price of materials shall be paid on May 23, 2016.

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