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(영문) 의정부지방법원 2015.09.23 2014가단33093

물품대금

Text

1. The plaintiff's primary claim and the conjunctive claim are all dismissed.

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

Reasons

1. Basic facts

A. On February 10, 2012, Defendant C entered into a contract for construction works with the construction cost of KRW 370,000,000 with respect to the construction works for the construction works for the new construction of the new guest rooms in Gyeonggi-gun, Inc., Ltd. from December 16, 201 to April 30, 2012. On the same day, Defendant C entered into a contract for construction works for the two new construction works for the new construction works of the D new guest rooms with the construction cost of KRW 310,00,000,000 for the construction period, and from February 15, 2012 to April 20, 2012.

B. On June 5, 2012, Defendant C entered into a contract for construction with the construction cost of KRW 310 million with respect to the construction work of Defendant B and the newly built neighborhood living facilities (snar/cafeterias) incidental to C, by the period from June 10, 2012 to November 10, 2012. Defendant B deposited construction cost of KRW 280 million with the EconstructionF on June 13, 2012 with the construction cost of KRW 10 million with respect to the construction work of the D-cafeteria and the construction period from June 15, 2012 to August 27, 2012; Defendant C deposited KRW 10 million with E ConstructionF on June 12, 2012, and KRW 100,000,000 per month on June 13, 2012, respectively.

C. On December 3, 2012, Defendant B notified the EconstructionF of the termination of the contract for C neighborhood living facility construction. D.

From December 17, 2011 to November 8, 2012, the Plaintiff supplied scrap bars equivalent to KRW 74,433,150 in relation to the construction of D new guest rooms and construction of new neighborhood living facilities for C incidental facilities. On May 4, 2012, the Plaintiff received KRW 35,260,000 from Defendant C, and KRW 10,375,750 in relation to the construction of D new guest rooms and new neighborhood living facilities for C incidental facilities, respectively.

[Reasons for Recognition] Facts without dispute, entry in Gap evidence 1 to 4 (including branch numbers in the case of additional number), entry in Eul evidence 1 to 6, and 9 (including branch numbers in the case of additional number), entry in Eul evidence 2-2, and the purport of the whole pleadings

2. On December 201, the Plaintiff concluded a contract for the supply of steel products with Defendant B, and the Defendant C guaranteed this. Thus, the Defendants respectively to the respective Plaintiff.