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(영문) 대구지방법원 서부지원 2018.04.24 2016가단21906
물품대금
Text

1. The Plaintiff:

A. Defendant A Co., Ltd. shall pay KRW 85,585,595 and its interest thereon from May 3, 2017 to the date of full payment.

Reasons

1. The facts subsequent to the facts of recognition may be found either in dispute between the parties or in full view of the statements or images of Gap evidence 1 to 10 (including the number number; hereinafter the same shall apply), the fact inquiry and reply to the Seo-gu Busan Metropolitan City Office of this Court, the witness E’s testimony and the entire purport of the pleadings.

Defendant D is an internal director of Defendant A Co., Ltd. (hereinafter “Defendant A”) and an internal director of Defendant A Co., Ltd. (hereinafter “Defendant A”) from May 29, 2014 to September 9, 2015, and is an internal director of Defendant B (hereinafter “Defendant B”).

F is currently the representative director of Defendant A, who is the spouse of Defendant D and actually operates Defendant B.

Defendant C is a person retired while serving as an employee of Defendant A from June 2014.

B. On November 18, 2014, Plaintiff Company entered into a supply contract with Defendant A on the new site of Daegu-gu G factory.

Defendant B and Defendant C jointly and severally guaranteed Defendant A’s obligation to pay for ready-mixeds.

(The above supply contract and the joint and several sureties contract shall be referred to as the "first contract").

On September 23, 2015, the Plaintiff entered into a supply contract with Defendant A on the new site of the Daegu-gu factory.

Defendant D jointly and severally guaranteed Defendant A’s payment obligations.

(The above supply contract and the joint and several sureties contract are referred to as "the second contract").

In addition to the construction of new factories outside Daegu-gu G (hereinafter “Hdong construction site”), Defendant A was supplied by the Plaintiff Company with 265,585,595 won in total, while carrying out L (hereinafter “other construction site”) projects in Daegu-gu, Seo-gu, Chungcheongnam-gu, Northbuk-gun, the J, the Gyeongbuk-gun, the Gyeongbuk-gun, the Gyeongbuk-gun, the Gyeongbuk-do, and the Gyeongbuk-gun, the Gyeongbuk-gun (hereinafter “other construction

The details shall be as shown in the attached Table.

E. Defendant A paid the Plaintiff Company KRW 180,000,000 in total, out of the price of ready-mixed, and its details are as shown in the annexed sheet.

2. Both;

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