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(영문) 춘천지방법원영월지원 2014.10.29 2013가단2738

물품대금

Text

1. Defendant Limited Partnership Company A and B are as follows: KRW 57,006,40 for each Plaintiff and each of them from May 10, 2013.

Reasons

1. As to Defendant Limited Partnership Company A and B

A. Claim No. 1) Defendant Limited Partnership Company A (hereinafter “Defendant A”).

(2) From November 30, 2012 to May 9, 2013: Defendant B: A’s claim against the general partner of Defendant A for the price for the supply of asphalts and aggregate as described in paragraph (1) above.

(b) Defendant A: Article 208(3)3 of the Civil Procedure Act (by service by public notice). Defendant B: Articles 208(3)2 and 150(3) (a) of the Civil Procedure Act (a judgment by public notice)

2. As to Defendant C Co., Ltd. (hereinafter “Defendant C”),

A. From November 30, 2012 to May 9, 2013, the Plaintiff asserted that the Plaintiff supplied asphalt and aggregate equivalent to KRW 60,652,90 to Defendant A.

Defendant C awarded a contract to Defendant A for part of the D Apartment Construction Work, Gangwon-gun D Apartment Construction Work (hereinafter “instant construction work”). Defendant A agreed to pay directly the price for the aforesaid Amcons and aggregate. On April 26, 2013, Defendant C paid only KRW 3,646,50 of the price for the above Amcons and aggregate and paid the remainder to the Plaintiff.

Therefore, pursuant to the above direct payment agreement, Defendant C and each of Defendant A, the general partners of Defendant A and Defendant A, are obligated to pay the balance of KRW 57,006,40,00, and delay damages for the remainder of the above license agreement and aggregate.

B. According to each of the statements in the evidence Nos. 1 and 2, witness E and F, the Plaintiff entered into a license agreement and aggregate supply agreement with the Defendant on November 28, 2012, and agreed with the Defendant A to be paid directly after completion by Defendant C. On November 29, 2012, the Defendant A consented to the Plaintiff’s direct payment of KRW 44,891,000 for asphalt and aggregate proceeds by deducting the amount of KRW 44,891,00 from the progress payment for November 29, 2012 (Evidence No. 2; hereinafter “instant direct payment agreement”). The Plaintiff prepared and issued a direct payment agreement (Evidence No. 2 of this case”). The Defendant C’s on-site manager’s consent to the Plaintiff’s direct payment after deducting the amount of KRW 44,891,00 from the progress payment for November 29, 2012.