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(영문) 서울중앙지방법원 2018.02.09 2017가합537010

물품대금

Text

1. The defendant Lee Jong-chul Industrial Development Co., Ltd. shall be the plaintiff Lee 188,390,582 won and the plaintiff Eul 92,930.

Reasons

1. Basic facts

A. On February 12, 2012, Defendant Hyundai Construction Co., Ltd. (hereinafter “Defendant Hyundai Construction”) subcontracted part of the installation works of the mechanical pipes for Hyundai Steel Co., Ltd. (hereinafter “instant construction”) located in 100, 100, in the 100s, in the 100s, in the 100s, in the 13rd Jin-gun, Chungcheongnam-gun.

B. The Plaintiffs supplied construction materials, etc. related to the instant construction project to Defendant Lee Jae- Industry Development Co., Ltd. by October 31, 2013, but failed to receive the price for the goods.

C. Around November 12, 2013, Defendant A Industry Development: (a) drafted a letter of commitment to the Plaintiff’s payment of KRW 188,390,582 to the Plaintiff; and (b) to the Plaintiff B to pay the unpaid amount of KRW 92,930,420 to the Plaintiff; and (c) together, drafted a statement of commitment to the Plaintiff’s direct payment that “the Plaintiff’s order for the purchase of the unpaid goods for Defendant A’s development (Defendant Hyundai Construction) consents to the payment of the unpaid goods to the Plaintiffs (hereinafter “instant direct payment commitment”).

On December 6, 2013, Defendant 1 was decided to commence rehabilitation procedures as Seoul Central District Court 2013 Ma235, and on March 10, 2014, the rehabilitation procedures were abolished and the bankruptcy was declared as 2014Hahap45, but the decision to discontinue the bankruptcy was finalized on July 8, 2016.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 4, purport of whole pleadings

2. Summary of the plaintiffs' claims

A. Defendant Hyundai Construction agreed to pay the price for the goods to the Plaintiffs upon receiving the instant letter of payment and written consent from Defendant Hyundai Industries Development. Under such agreement, Defendant Hyundai Construction is obligated to pay the Plaintiff KRW 188,390,582, and to pay the Plaintiff KRW 92,930,420 and KRW 420 to the Plaintiff.

On the other hand, the plaintiffs are the primary defendants in the construction of the defendant Hyundai, and the development of the defendant Lee Ho industry.