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(영문) 전주지방법원군산지원 2020.06.10 2019가단52568
용역비
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Defendant is the original contractor of Pyeongtaek-si and Seosung-si Construction Project, and D Co., Ltd. (hereinafter “D”).

(2) On August 31, 2018, the Defendant entered into a subcontract on the E Steel Manufacture Services (hereinafter referred to as “E”) of the said construction with D, on October 15, 2018, a subcontract on steel frame production and supply works at the construction site of the C Main Complex (hereinafter referred to as “C”) and on December 13, 2018, a subcontract on the said construction site of the FF Corporation (hereinafter referred to as “F Corporation”) respectively.

3) As between September 4, 2018 and D, the Plaintiff entered into a contract with D to transport the steel beamline produced from G in Gunsan City from September 10, 2018 to March 30, 2019 to each construction site of the instant E, C, and F (hereinafter “instant service contract”).

(B) The Plaintiff entered into a contract with D on February 8, 2019 to acquire the transportation rights of D against the Defendant, as it did not receive a part of the transportation cost under the instant service agreement, as it did not receive a payment from D. The Plaintiff entered into a contract with D on February 8, 2019.

2) On February 15, 2019, after the Plaintiff acquired the instant transportation business right, the Plaintiff, the Defendant, and D agreed to directly pay the Plaintiff the service cost for the E construction and C construction sites out of the construction cost for the steel production and supply of steel products to be paid to D, with three parties agreement, and entered into a direct payment agreement on the progress payment (hereinafter “the first agreement”) with respect thereto, and on February 22, 2019, the agreement to directly pay the Plaintiff the service cost at the F construction site (Evidence 4-2, hereinafter “the second agreement”).

3) Accordingly, on March 15, 2019, the Defendant paid the Plaintiff KRW 64,955,000 (including surtax) totaling the Plaintiff’s payment of the service cost on January 15, 2019.

(c)be added;

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