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(영문) 수원지방법원 성남지원 2017.01.25 2015가단224109
물품대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On February 21, 2014, the Defendant entered into a contract for construction works with the Gangseo General Construction Co., Ltd. (hereinafter “Gangsan General Construction”) with respect to the construction works for the construction of an urban-type residential house on land outside Sejong City and one parcel of land (hereinafter “instant construction works”) for the construction work period of KRW 2,388,00,000, and the period from January 3, 2014 to August 30, 2014.

B. On March 18, 2014, Sejong Special Self-Governing City Mayor notified the Defendant’s in-house directors D of the instant construction project plan that the contractor of the instant construction project is changed from Aa integrated construction corporation to Baby integrated construction.

C. On May 9, 2014, Gangwon General Construction drafted a statement of waiver of construction works that the instant construction works would be waived because there are many problems in carrying out the instant construction works.

During the period from January 17, 2014 to April 18, 2014, the Plaintiff prepared a trading list with the content that the Plaintiff supplied building materials by entering them into E, Ship Name Construction Co., Ltd., and Gangwon Comprehensive Construction at the instant construction site.

[Ground of recognition] without any dispute, Gap's evidence 7, Gap's evidence 8, Gap's evidence 11, Eul's evidence 1 to 4, witness F's partial testimony and whole purport of pleading

2. Determination

A. As between January 17, 2014 and April 18, 2014, the Plaintiff supplied building materials to the instant construction site during the period from January 17, 2014, and was not paid KRW 30,735,210 out of the price of the goods.

The Defendant agreed to pay directly the price for the goods unpaid to the Plaintiff.

Therefore, the defendant is liable to pay the above price of goods and damages for delay to the plaintiff.

B. During the period from January 17, 2014 to April 18, 2014, the Plaintiff prepared a trading list stating that the Plaintiff supplied the building materials by entering them into E, nameing construction companies, and Gangwon Integrated Construction.

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