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(영문) 인천지방법원 2015.09.17 2014가단258006

공사대금

Text

1. The Defendant (Appointed Party) and the appointed parties B jointly and severally with the Plaintiff KRW 22,158,270 as well as the aforementioned amount on December 30, 2014.

Reasons

1. Facts of recognition;

A. The Plaintiff is a legal entity that produces and installs steel structures, and the Defendant (Appointed Party) and the Selection Party B (hereinafter “Defendants”) are dairy farmers and livestock raisers who raise milch cattle jointly with the name of “C farm”, which is the name of “C farm.”

B. On October 2013, the Plaintiff concluded a contract for the production and installation of steel frame (hereinafter “instant contract”) with the Defendants on the construction of a new fish box on the ground of Gangwon-gun, Gangwon-gu, Gangwon-gun, with the Defendants on an oral basis, which sets the total construction cost of KRW 300 million.

C. From November 2013 to January 2014, the Plaintiff manufactured and supplied steel bars to the Defendants, and decided not to install steel bars differently from the initial contract.

On October 28, 2013, the Defendants paid to the Plaintiff KRW 1,00,00,000 as an advance payment, KRW 20,000 as of October 31, 2013, KRW 72,069,00 as the purchase price of materials on December 10, 2013, KRW 10,000 as of December 20, 2013, and KRW 127,069,00 as of January 27, 2014.

E. On March 17, 2014, the Plaintiff and the Defendants, among the instant contracts, drafted a contract on the construction cost of KRW 122,650,000,000 (excluding additional tax) entered into with the contractor as “C farm representative B,” and each contract on the construction cost of KRW 20,000,000 (excluding additional tax) entered as “C farm representative Defendant (Appointed Party)” with the contractor as “C farm representative.”

(hereinafter referred to as “each contract of this case”). [The grounds for recognition: Fact that no dispute exists, Gap evidence Nos. 1, 2, and 5, Eul evidence No. 4, and the purport of the whole pleadings]

2. The assertion and judgment

A. The Plaintiff’s assertion 1) Each contract of this case was drafted in that the Plaintiff’s respective contract of this case is to determine the supply of steel framed produced by the Plaintiff and the amount incidental thereto among the contracts of this case. The Defendants, joint business operators, jointly and severally, are KRW 14,65 million (=30,000,000 won (= value-added tax of KRW 2,727,270,000,000) plus value-added tax of KRW 2,627,270,000,000.