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(영문) 서울고등법원 2016.10.06 2014나29584
물품대금등
Text

1. Of the judgments of the first instance court, the part against the defendant in the judgment shall be modified as follows:

Preliminary. added at the trial.

Reasons

1. Basic facts

A. A. On August 19, 2009, the Plaintiff entered into a contract for the manufacture and installation of C Hot Spring FRP water tank (hereinafter “instant water tank”) (hereinafter “instant contract”) with A, and the major contents of the contract described in A’s contract (Evidence No. 14-1) are as follows.

(1) Contract amount: Value of supply 125,00,000, value-added tax 12,50,000, total amount of KRW 137,500,000, and total amount of KRW 237,500,000: Period of installation.

(5) Demand for payment and payment: The plaintiff shall claim the price after the examination by the tallyman designated by A after the completion of installation or trial run.

A shall attach a letter of payment guarantee to the Plaintiff, the ordering person.

B. At the time of August 19, 2009, E, as the Defendant’s representative, was the head of the Defendant’s association, and attached a certificate of the personal seal impression of the Defendant association, stating that “A guarantees that the Plaintiff will pay the price of materials in lieu of the price of goods, if the payment is not made by the Plaintiff according to the terms of the instant contract,” on the certificate of the payment guarantee for the price of goods (hereinafter “the letter of guarantee in this case”). The letter of guarantee in this case contains KRW 150,00,000 as the contract price of the instant contract, and is accompanied by the certificate of the personal seal impression of the Defendant association.

C. Meanwhile, on August 21, 2007, A made the second hot water supply project for the development project of the C Hot Spring Site, which was located in the construction site from the Defendant on August 21, 2007, as the construction site (hereinafter “instant construction site”), KRW 1.29 billion, and KRW 1.34,55 million later.

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