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(영문) 서울중앙지방법원 2015.01.20 2014가단5201516
물품대금
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. On May 9, 2012, the Plaintiff entered into a contract for the supply and installation of mutual aid equipment (51.5 million won) with a pair of construction companies (hereinafter referred to as “balm construction”) which are the construction companies of the construction of the construction of the building on land (hereinafter referred to as “instant construction”) of Jongno-gu Seoul Jongno-gu, Jongno-gu, Seoul and forty parcels of land (hereinafter referred to as “instant construction”), and supplied mutual aid equipment at the site of the instant construction from around that time.

B. Around May 25, 2012, Defendant Monton Program Management Real Estate Investment Company (hereinafter “Maston Investment Company”) purchased the instant construction site and the instant construction site from the Financial Investment Company, a company implementing the instant construction project (hereinafter “New City”) and the instant construction site and its ground in entirety.

C. From the end of 2012 to the point of time, the financial situation of the two-use construction has deteriorated, and on March 4, 2013, the workout proceeding commenced by the credit group, new Muston investment company and the two-use construction became final and conclusive through a three-party agreement on March 8, 2013 (the unpaid purchase price amount as of January 31, 2013 shall be 23.15 billion won) and the purchaser’s payment of the remainder of the purchase price shall be made at a specific procedure and requirements, the subcontractor, the material supplier, the materials supplier, the materials supplier, after confirming the details of the application for the initial payment as of March 4, 2013, and after obtaining confirmation from the supervising company and CM company, the company that is the purchaser shall be paid the remainder of the purchase price to the Defendant Muston investment company and the materials supplier, and upon receiving a written confirmation from the supervision company and CM company, the company that is directly payable to the Defendant Muston investment company and the materials supplier as of the end of each month.

be paid by direct payment under this Act, on condition that the subcontractor directly pays for the defendant Muston investment company.

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