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(영문) 수원지방법원 2016.06.16 2015나26396

매매대금

Text

1. Of the judgment of the court of first instance, the part against the defendant in excess of the following order of payment shall be revoked, and

Reasons

1. The following facts do not conflict between the parties or each evidence Nos. 1 and 2, and each testimony of the first instance court H and I, respectively, may be admitted by taking into account the overall purport of the pleadings. A.

The Plaintiff operated the “D” restaurant in Pyeongtaek-si C, and the Defendant performed the Chosung-si Construction Project (hereinafter “instant construction”) among elementary schools and high schools (hereinafter “instant construction”) that are part of the projects performed by Samsung C&T Co., Ltd. (hereinafter “TT”).

B. At the Defendant’s request from April 2012 to November 2012, the Plaintiff provided food to the people at the instant construction site on credit.

C. On January 10, 2013, H, the representative director of the Defendant and G (hereinafter “G”) verified that the Plaintiff did not receive KRW 67,049,526 (hereinafter “instant food payment”) while providing food to the members of the instant construction site from September 10, 2012 to November 201, 2012, and that the Defendant, etc. agreed to pay the instant food payment in installments five times by May 10, 2013, and issued a payment plan (Evidence 1) to the Plaintiff.

The amount on the official date (won) 10,000,000 on January 31, 2013, 201; 20,000 on February 8, 2013; 3, 10,000 on March 8, 2013; 20,000,000 on April 10, 200 on April 8, 2013; 30,000 on May 27, 2013; 37,049,526 in total, 67,049,526 on May 10, 2013.

2. According to the facts acknowledged prior to the determination of the cause of the claim, the Defendant is obligated to pay the Plaintiff the instant food cost of KRW 67,049,526, and damages for delay, unless there are other special circumstances.

3. Judgment on the defendant's assertion

A. The Defendant, first of all, as G’s director, only performed its duties as a field construction manager at the instant construction site who was subcontracted by Samsung T&T. As such, G other than the Defendant or its representative director, shall pay the instant food cost to the Plaintiff.