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(영문) 서울중앙지방법원 2016.06.29 2014가합593484
납품대금 청구
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. 1) Twin-use Construction Co., Ltd. (hereinafter referred to as “balchis construction”).

(2) On May 6, 2013, the Plaintiff: (a) received a supply contract with the Defendant for the construction of a new building of the Seocho-gu Seoul Seocho-gu Party D’s “C church”; and (b) concluded a supply contract with the Plaintiff, who is engaged in the wholesale and retail business of the lighting organization, for the items of “general lighting” on September 14, 2012, with the amount of KRW 840,070,00 (i.e., the supply price of KRW 763,70,000, value-added tax of KRW 76,270,000 (hereinafter “instant primary supply contract”); and (c) on May 6, 2013, the supply contract for the items of “human lighting” with the contract price of KRW 2,078,285,00 (= supply price of KRW 1,89,350,000, value-added tax of KRW 18,930,00 (hereinafter “instant supply contract”).

B. 1) Meanwhile, when a pair of construction works is faced with a financial difficult situation, the Plaintiff, a pair of construction works, and the Defendant, on February 20, 2013, shall directly pay the construction cost incurred in the future to the Plaintiff after confirmation of the construction by the Defendant and the Defendant, but the Defendant shall directly pay the Plaintiff the construction cost incurred in the future on February 20, 2013. Where the management of pair of construction is normalization, a direct agreement on the supply price payment with the effect of the said agreement (hereinafter “instant

In accordance with the instant agreement, the Defendant directly paid the price for supplied goods to the Plaintiff (However, if the Defendant deposits the price into the account in the name of the national bank in the name of double-use construction, the bank withdrawn the payment and remitted the amount determined by the sewage-based enterprise.

(2) On February 26, 2013, the two-way construction began on March 4, 2013 when applying for the workout program. On June 25, 2013, the two-way construction entered into an agreement with the credit group to implement the management normalization program.

Since July 2013, 2013, after the conclusion of a management normalization plan with the claim group, the Defendant paid the construction price to the pair of construction who is not the Plaintiff, and the construction for pair of construction is B2B to the Plaintiff.

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