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(영문) 수원지방법원 2016.01.15 2014가합14149
자재대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. A Co., Ltd. (hereinafter referred to as “A”) contracted the construction of a general factory on D ground (hereinafter referred to as “instant construction”) from C around December 2012, 201, and subcontracted its construction to EF&D D (hereinafter referred to as “EFD”).

B. The Plaintiff agreed to produce and supply the board materials on the instant construction project between EFWnD and EFD.

C. At the time of the progress of the instant construction project, the Defendant and the representative of A were E.

[Reasons for Recognition] Facts without dispute, entry B in the evidence of Nos. 2 through 4, the purport of the whole pleadings

2. The parties' assertion and judgment

A. The summary of the Plaintiff’s assertion 1) The Plaintiff supplied the instant materials by receiving orders from EF&D E, and agreed to receive direct payment from E on March 12, 2013. Accordingly, the Plaintiff did not receive the materials from E F&D’s representative. The Plaintiff was directly paid 6,00,000 won from the Defendant on March 27, 2013. Furthermore, the Defendant delegated the Plaintiff with the exercise of its claim against E&D’s Defendant. (2) The Defendant was also obligated to pay the Plaintiff while acquiring the instant materials from E and the Defendant’s representative at the time of supply. Since the Plaintiff knew that two materials were supplied to the Defendant, it was supplied to the Defendant, the Defendant is obligated to pay the said materials.

3) Therefore, the Defendant is liable to pay the Plaintiff the price of KRW 116,014,412 as well as damages for delay thereof. (B) The Defendant did not conclude a contract for goods supply with the Plaintiff, and the Defendant did not enter into a contract for the instant construction. After receiving a contract for the instant construction, E&D performance of said contract.

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