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1. Defendant C Co., Ltd has paid to the Plaintiff KRW 146,88,157 and KRW 139,186,507 among them, starting from June 11, 2018.
Reasons
1. Determination as to the plaintiff's claim against the defendant B
A. On November 2, 2017, the Plaintiff and Defendant B Co., Ltd. (hereinafter “B”) entered into a contract for the supply of steel bars (hereinafter “instant contract”) as follows. Defendant C Co., Ltd (hereinafter “C”) became a joint and several surety of Defendant B.
The defendant B is obligated to pay or pay immediately, even if the plaintiff's notice is not given if any of the following causes occurs, due to the loss of the profit during the period from 10th to 15th day of the following month after the settlement of the price for the construction of the steel supply to the E Commercial Building Construction Site (hereinafter referred to as the "E site") at the D Apartment-si Construction Site (hereinafter referred to as the "D site") in Gyeongcheon-si, Gyeongcheon-si, Seoul Special Metropolitan City, the contents of the contract, and the interest for delay shall be paid at 30% per year, and all the legal costs shall be paid by the defendant B:
- When Defendant B fails to pay goods to the Plaintiff due to other reasons (2) when Defendant B’s failure to comply with the terms of this Agreement, the Defendants entered into a subcontract with Defendant C (hereinafter “instant subcontract”) on November 25, 2017, stipulating that among the construction works for construction of housing lots outside the Gyeong-gun, Busan-gun, Busan-gun, and one lot of multi-family housing (hereinafter “G site”) contracted by Defendant B from the F Company, the construction of steel bars and concrete (a steel structure) is KRW 1.1558 million as the lower price.
(3) The Plaintiff shall supply the E site an amount equivalent to KRW 39,689,507, including an amount equivalent to KRW 17,513,507 on November 30, 2017, and an amount equivalent to KRW 22,176,00 on January 25, 2018; KRW 60,918,00 on December 8, 2017 at G; KRW 107,316,00 on January 25, 2018; KRW 20,94,000 on February 23, 2018; KRW 20,000 on March 62, 2018; KRW 252,000,000 on March 12, 2018; KRW 7,500,000 on May 17, 2018; and KRW 3,500,000 on May 27, 2018.