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(영문) 대구지방법원 2017.08.23 2016나312026
공사대금
Text

1. All appeals by the defendant against the plaintiffs are dismissed.

2. The costs of appeal shall be borne by the Defendant.

purport, purport, and.

Reasons

1. Facts of recognition;

A. The Defendant, such as the conclusion of a construction contract between the Plaintiff A and the Defendant, subcontracted to Plaintiff A on June 1, 2013 the “Reinforcement earth and retaining wall construction” during the construction work for building the I-Japan Factory Site, which was contracted and supplied from E and F.

(1) The construction cost of this case is KRW 161,515,200 (i.e., 112,000 square meters x 1,311 square meters). The Defendant paid the Plaintiff KRW 100,000,000 (i.e., 112,000 square meters x 1,311 square meters) as the construction cost of this case, and the Defendant paid the Plaintiff KRW 100,000,000, totaling KRW 70,000,000 on July 25, 2013, and around August 30, 2013, the Plaintiff completed the construction work of this case, excluding “a retaining wall stone” in the instant construction work.

B. Plaintiff B and the Defendant agreed to supply the necessary oil at the instant construction site from April 13, 2013 to September 8, 2013 (hereinafter “instant oil supply contract”); from April 2013 to September 2013, the sum of KRW 108,877,366 (i.e., April 2013 to September 2013) (i.e., the sum of KRW 9,525,495 Won 27,689,698 Won 26,386,367 Won 20,82,749 Won 20,749, Jul. 7, 2013; and (ii) the sum of the amount of the oil supply to Defendant J. 36,2013, the sum of the amount of the oil supply to Defendant J. 36,208,203.

Meanwhile, according to the instant oil supply contract, the Defendant paid Plaintiff B KRW 70,525,495 on May 30, 2013, and KRW 15,00,000 on June 21, 2013, and KRW 26,00,000 on July 25, 2013, and KRW 20,00,000 on October 10, 2013.

C. D on July 16, 2013, D, E, F, and G’s joint and several guarantee relationship 1) D jointly and severally guaranteed the Defendant’s obligation to pay the instant construction cost to Plaintiff A.

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