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(영문) 대구지방법원경주지원 2019.11.01 2017가합63
물품대금
Text

1. The Plaintiff, Defendant B, and C, jointly and severally, KRW 217,910,50, and Defendant D, jointly and severally with Defendant B and C, out of the above money.

Reasons

1. Basic facts

A. Defendant B Co., Ltd. (hereinafter “Defendant B”) conducted the construction of multi-family house (studio) and G apartment (studio) on the land of Yongcheon-si E and F, Young-si (hereinafter “instant new construction work”).

However, on August 4, 2015, among them, a standard contract for private construction works with Defendant D Co., Ltd. (hereinafter “Defendant D”) on April 30, 2016, the contract amount of which is KRW 2,500,000,000 for G apartment construction works, was concluded, but the actual construction works appear to have been executed by Defendant B, and Defendant C appears to be the actual manager of Defendant B.

B. On November 12, 2015, the Plaintiff drafted a supply contract for the instant newly constructed construction with Defendant C.

(2) The delivery contract of this case contains the following: (a) the delivery place is “Ycheon-si E loan new construction”; (b) the payment terms pay the remainder in cash and in lieu of cash at each time of maturity; and (c) the payment of compensation for delay at 2% per month if the payment terms are not complied with; and (d) the other matters are stated as “the amount of H’s outstanding payment shall be paid first from the second progress payment.” (b) the original contractor’s trade name and the name, resident registration number, address, contact number of the Defendant C are written as well as the name of the Defendant C; and (d) the Defendant C’s trade name, address, contact number, etc. are written as the joint and several surety and joint and several surety; and (e) the Defendant B’s trade name, address, contact number, etc. are written as well.

C. On November 12, 2015, the Plaintiff, separately from Defendant D, the contractor for G apartment (GGG) construction (hereinafter “instant additional supply contract”), drafted a supply agreement (hereinafter “instant additional supply contract”), and the place of delivery is “Ycheon-si I” and the terms and conditions of the contract, except where other matters are not specified.

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