(영문) 부산지방법원서부지원 2019.05.16 2018가합102466

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(영문) 부산지방법원서부지원 2019.05.16 2018가합102466

공사금 대위 청구

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1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a juristic person established for the purpose of electrical construction business, fire fighting business, etc., and the Defendant is a juristic person established for the purpose of manufacturing and selling ships, various maritime structures, etc.

B. 1) The Defendant Co., Ltd. (hereinafter “C”)

2) From the perspective of this case, the term “the entire installation works of this case” (hereinafter “instant installation works”).

(2) On January 20, 2015, the Defendant subcontracted the instant facility project to E Co., Ltd. (hereinafter “E”) with the amount of KRW 825 million (excluding value-added tax) and the period from December 1, 2014 to December 31, 2015.

3) The Plaintiff’s electrical construction among E and the instant facility works on January 20, 2015 (hereinafter “instant electrical construction”).

(2) in relation to the agreement (hereinafter referred to as “instant agreement”)

(1) The contract amount of the instant electrical construction is KRW 125 million (excluding value-added tax); and “The Plaintiff and the Defendant respectively enter into a contract for the remaining KRW 50 million out of the above amount for the original supply of site materials.” The Defendant entered into a contract for the instant electrical construction on January 20, 2015, which is the date the agreement under paragraph (3) was entered into, and on December 31, 2015, the total amount of KRW 50 million (excluding value-added tax) with respect to the instant electrical construction; from December 1, 2014 to December 31, 2015, the contract for electrical construction was entered into with the Plaintiff, and the Plaintiff paid the down payment of KRW 50 million (including value-added tax) with the purchase price of each of the instant electrical construction to the extent of KRW 550 million (including value-added tax); and the purchase price of each of the instant electrical construction to the extent of KRW 750,505,000 (including value-added tax).5) with each of the Plaintiff.

C. The Plaintiff’s instant case.

유사 판례

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-수원지방법원평택지원 2020.06.04 2019가합10233

-부산지방법원 2017.05.16 2016가단324966

-부산지방법원 2019.04.11 2017나50720