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(영문) 광주고등법원 2020.08.26 2020나20691

약정금

Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

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

purport, purport, and.

Reasons

Basic Facts

The plaintiff is the creditor of the contract for the production of facilities to D Co., Ltd. (hereinafter "D"), and the defendants are the debtor of the contract for the purchase of facilities for D.

Defendant B Co., Ltd. (hereinafter “Defendant B”) entered into a three contract for the purchase of equipment products from D. The specific details are ① July 3, 2017; KRW 3,209,635,00 (the amount finally increased); ② on December 1, 2017; ② on December 1, 2017, the item F Clousen and Rebruer 6 equipment; ③ on January 3, 2018; ③ on January 3, 2018; and (3) on the contract date, Vs for projects, strawers; (48,000,000 won.

Defendant C Co., Ltd. (hereinafter “Defendant C”) concluded two contracts to purchase equipment products from D. The specific details are ① 12 sets, price 2,934,260,000 for item H projects, ② November 3, 2017; and ② items 23 items, such as HTS Dal Bank, price 962,00,000 won.

D) To implement the above contract for the purchase of each facility product, D entered into four construction contracts with the Plaintiff as the contractor. The detailed details are ① S301-E, S302-E, S303-E, S307-E1, S310-E/S330-F production (205 Tron), contract amount of KRW 385,220,00, and ② HPEJT: COM-4101 and 10-10-, contract amount of KRW 501, 501, and KRW 501,380,000, ③ contract date of the contract, and KRW 301,00,000, KRW 60,000, KRW 160,000, KRW 160,000, KRW 160,000, KRW 160,065,065,000, and KRW 406,56,015,06,05,06,000.

D The current account transaction was suspended on July 13, 2018 due to the financial difficulties, and D's workers and creditors demand payment of wages or construction cost, and the D's factory is occupied.