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(영문) 청주지방법원 제천지원 2021.03.03 2020가단1116

장비대금

Text

The Defendants jointly and severally agreed to the Plaintiff KRW 40,383,650, and Defendant B Co., Ltd. from August 13, 2020.

Reasons

(2) On December 2, 201, F Co., Ltd., Ltd.: (a) subcontracted the construction cost of KRW 242,00,000 and the construction period of KRW 242,00; and (b) from December 2, 2019 to June 8, 2020.

B. Defendant B (hereinafter “Defendant B”) re-subcontracted the instant construction work from F around that time.

(c)

The Plaintiff, who is engaged in the business of supplying equipment, etc. under the trade name of “G”, supplied Defendant B with equipment, such as the train of accusation necessary for the instant construction from February 2020 to June 2020.

The cost of equipment supplied by the Plaintiff to Defendant B is KRW 66,385,000 in total.

The F.C. that C directly pays C the equipment cost related to the above construction project being executed under a subcontract by Defendant C to the Plaintiff in the cost of the construction.

* I agree to receive and pay directly the cost of equipment used in the contracted work with F Co., Ltd. after the modification of the design, as well as the cost of equipment used in the contract with F Co., Ltd. (C. 36,740,000).

* The cost of equipment incurred after May 22, 2020 shall also be paid as above.

* The first time limit for payment is June 30, 2020.

(d)

On May 26, 2020, the Plaintiff, Defendant C, and F Co., Ltd. drafted the “Agreement on Direct Payment of Equipment Costs” (hereinafter “Agreement”).

(d)

Defendant B paid the equipment cost of KRW 9,00,000 on April 17, 2020, and KRW 8,490,000 on May 26, 2020, and Defendant C paid KRW 8,51,350 on June 23, 2020.

[Ground for recognition] Unsatisfy, Gap evidence Nos. 1 through 4 (including various numbers if there are several numbers; hereinafter the same shall apply), Eul evidence Nos. 1 and 3, the purport of the whole pleadings

2. Determination

A. (1) According to the above facts of recognition, F, a sub-subcontract, concurrently took over the obligation to pay equipment costs to the Plaintiff of B, a re-contractor, through the instant consent form, and Defendant C, a seal affixed to the instant consent form.