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(영문) 광주지방법원순천지원 2017.11.29 2016가합12961
물품대금
Text

1. The Defendant’s KRW 217,418,496 for the Plaintiff and KRW 5% per annum from October 27, 2016 to November 29, 2017.

Reasons

1. Facts of recognition;

A. C’s paper supply contract and Defendant’s guaranty insurance policy issuance 1) Plaintiff’s representative director D and E (E)

3) On June 30, 2016, the head of the operating team F and C of the business team and three others agreed on June 30, 2016 that “if the Plaintiff supplied land to the Defendant, the Plaintiff would pay the price to the Plaintiff or process part of the land so supplied, and then deliver it to the Plaintiff again after deducting the processing cost.” The C’s “Land supply contract” of the aforementioned content (hereinafter “instant contract”).

(1) The contract of this case is prepared and presented to D representative director of the Plaintiff. The contract of this case shall be paid to the Plaintiff a contract deposit of KRW 200 million to secure the performance of the contract, and the Seoul Guarantee Insurance Co., Ltd. (hereinafter “Seoul Guarantee Insurance”).

(2) On June 23, 2016, the Defendant already issued a “performance (payment) guaranty insurance policy” (hereinafter “instant guaranty insurance policy”) from the Seoul Guarantee Insurance pursuant to the instant contract, and the said guaranty insurance policy contains the following: (a) the policyholder, the insured, the insured, and the insured amount of KRW 200 million; and (b) the content of the guarantee as “payment guarantee pursuant to the land processing contract”.

B. From July 1, 2016 to July 29, 2016, the Plaintiff supplied land equivalent to KRW 466,905,184, on 17 occasions, from July 1, 2016, to 17 occasions. (2) E remitted land payment to the Plaintiff on 13 occasions from July 8, 2016 to August 8, 2016. The sum is KRW 249,486,688.

【Ground of recognition】 Evidence Nos. 2, 3, 4, and Evidence Nos. 5-1, 2, 7, and 8, respectively, and the purport of the whole pleadings

2. The primary cause of the claim.

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