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(영문) 광주지방법원 2017.07.13 2016가합730

물품대금

Text

1. The Defendants are jointly and severally liable to the Plaintiff Dongyang-mixed Co., Ltd. with KRW 254,356,043 and KRW 82,484,84.

Reasons

1. Basic facts

A. (1) The Defendants and B Co., Ltd. (hereinafter “B”) concluded a contract with the Korea Rail Network Authority on April 28, 2009 for the construction period of C Work (hereinafter “instant Construction”) from April 30, 2009 to December 31, 2016, with the amount of construction cost of KRW 50,65,000,000.

(2) The percentage of investment by the instant joint contractors was composed of B 50%, 40%, and 10%, Defendant Gold Heavy Industries Co., Ltd., and the representative of the instant joint contractors was B.

B. (1) With respect to the instant construction, the Plaintiff Dongyang-B Co., Ltd. (hereinafter “Plaintiff Dongyang-B”) supplied the instant construction to D Co., Ltd. (hereinafter “D”), which is the subcontractor B or B, but did not receive some amount of the amount as indicated in the table 1 below.

See Table 1: B B 132,313,50 won around September 30, 2014; and B 63,802,860 won around September 31, 2014; and B 16,000 won around March 31, 2014; B 16,00 won around March 31, 2014; B 21,101,00 won around March 31, 2015; B 16,00 won around 31, 2015; B 16,00 won around 31, 2015; B 21,01,00 won around December 30, 2014; and B 15,000 won around 31, 2015; and B 15,000 won around 31, 2015;

B Table 2: Tax invoice on December 31, 2014; < Amended by Act No. 13211, Mar. 31, 2015> The amount between the Plaintiff and the Plaintiff, who is supplied with B 51,165,950 won; Act No. 1321, Mar. 31, 2015>