beta
(영문) 청주지방법원제천지원 2014.07.10 2013가단4902

물품대금

Text

1. The Defendant shall pay to the Plaintiff KRW 20,050,000 as well as 20% per annum from January 9, 2014 to the day of complete payment.

Reasons

1. Basic facts

A. The Defendant entered into a contract with the Crossing-gun with the construction cost of KRW 183,315,960 on the instant construction work performed by the Crossing-gun (hereinafter “instant construction work”).

B. On June 1, 2013, the Defendant sought to enter into a subcontract with D as KRW 131,200,000 with respect to the instant construction work. Since it was impossible to give a subcontract to an individual, the instant construction work was written in the name of an implementation agreement with D, and E jointly and severally guaranteed the Defendant’s obligations under the said contract with D.

C. D performed the instant construction with the head of the Defendant’s on-site, and upon request of E to pay the price to the company that supplied the goods to the Defendant, D confirmed this to the Defendant, and the Defendant paid the construction price to the issuing company in response thereto.

[Ground of recognition] Facts without dispute, Gap evidence 5, Eul evidence 1, witness D's testimony, purport of whole pleadings

2. In full view of the purport of evidence Nos. 1 through 3-42, evidence Nos. 42, evidence Nos. 4, and witness witness testimony, D prepared the above execution agreement with the defendant and served as the head of the Defendant’s field office from the instant construction project. On May 2013, 2013, Eul and issued to the plaintiff’s regular manager F of the company, an order stating that the plaintiff’s director is the defendant’s subsidiary company’s director, and the plaintiff requested the defendant to supply the plaintiff’s cirthal cirths at the instant construction site from September 10, 2013 to October 3 of the same year. It can be acknowledged that D supplied the plaintiff’s total 20,050,000 won at the site of the instant construction site from September 10, 2013 to October 3 of the same year.

Comprehensively taking account of the facts established above, D, the Defendant’s site manager in the instant construction work, on behalf of the Defendant.