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(영문) 대구지방법원 2015.01.29 2014가단52985

중기대여금등

Text

1. Defendant B Co., Ltd. shall pay to the Plaintiff KRW 27,023,902 as well as the interest rate from November 25, 2014 to the day of full payment.

Reasons

1. Determination as to the claim against Defendant B (hereinafter “Defendant B”)

A. Grounds for claims: From May 31, 2014

6. Claim for a mid-term loan occurred by the end of 30.

(b) Judgment made in the constructive confession (Article 208 (3) 2 of the Civil Procedure Act);

2. As to the claim against Defendant C Co., Ltd. (hereinafter “Defendant C”), the above Defendant awarded a subcontract for part of the process after being awarded a contract for the Corporation from Busan Metropolitan City D, etc. from Busan Metropolitan City, and Defendant B paid a mid-term loan equivalent to KRW 27,023,902 in total after being provided by the Plaintiff around May and June, 2014. Defendant C supplied construction materials while supervising and supervising the construction site as the contractor and the contractor of the said construction. Defendant C received a subcontract for the said construction site, and Defendant C received a part of the said construction site and received equipment from the Plaintiff, and accordingly, Defendant C and the Plaintiff are jointly and severally liable to pay the cost of the said equipment to the Plaintiff.

Therefore, it cannot be deemed that Defendant C has an obligation to pay the above equipment costs only for the foregoing reasons asserted by the Plaintiff, and there is no other evidence to acknowledge the above Defendant’s liability.

Therefore, the plaintiff's claim against the defendant C is without merit.

3. Conclusion