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(영문) 서울중앙지방법원 2017.07.19 2016가합565292
직불금 청구의 소
Text

1. The Defendant’s KRW 498,44,00 for the Plaintiff and KRW 6% per annum from March 15, 2017 to July 19, 2017.

Reasons

1. Basic facts

A. The Plaintiff is a subcontractor who was supplied with sewage with the production and supply of the PC columns by Company A (hereinafter “A”), which is the primary contractor, and the Defendant is a contractor who awarded a contract for the production and supply of the PC to Company A during the new construction of an apartment.

B. On October 21, 2015, A agreed between the Defendant and the Defendant to conclude a contract for the manufacture and supply of PC during the construction period of B apartment new construction works (including value-added tax) and the construction period from November 1, 2015 to April 30, 2016.

(hereinafter “instant contract”). (c)

On November 1, 2015, the Plaintiff agreed to supply the production and supply of PS sludge (JS) and PC columns to the supply price of 2,269,960,000 won, and the construction period from November 1, 2015 to December 31, 2016; however, the Plaintiff agreed to adjust the supply price to the actual supply price if there is an increase or a decrease in the quantity.

(hereinafter “instant delivery contract”). D.

A on July 9, 2016, upon the termination of the instant contract, assigned the part equivalent to the Plaintiff’s claim for the supply of goods of this case among the claim for the construction price under the instant contract to the Defendant (hereinafter “instant claim assignment agreement”), and the Defendant accepted the claim.

E. The construction cost of A, which was finally settled in relation to the instant contract, is KRW 4,413,200,00, among which the Defendant paid to A is KRW 3,782,360,00, and the security deposit for repairing defects to be paid by A under the instant contract is KRW 132,396,00, among the construction cost, KRW 498,444,000 (=4,413,200, KRW 3,782,360,000 - KRW 132,396,00).

F. On September 22, 2016, the Plaintiff completed the production and supply of the PS sludge (JS) and the PC columns under the instant supply contract, and became final and conclusive as KRW 1,616,884,313 in total. Among them, the remaining price of supply due to reimbursement of KRW 223,774,50 was KRW 1,393,109,813 in total. The Defendant following the instant transfer agreement.

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