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(영문) 광주지방법원 2017.08.23 2016나58894
매매대금 등
Text

1. The Plaintiff’s appeal against Defendant Yangyang Construction Co., Ltd. and Defendant B’s appeal are all dismissed.

2...

Reasons

1. Basic facts

A. On March 6, 2014, Defendant Yangyang Construction Co., Ltd. (hereinafter “Defendant Co., Ltd”) entered into a contract with the Korea Rural Community Corporation (hereinafter “Defendant Co., Ltd”) for the construction cost of KRW 2,144,80,000 for the instant construction work from its branch offices.

B. On August 4, 2014, Defendant Company entered into a contract with D Co., Ltd. (hereinafter “D”) under which each of the instant construction works was subcontracted in KRW 693,427,00 for the construction cost, and KRW 278,592,00 for soil construction work (hereinafter “each of the instant subcontract”).

C. On August 20, 2014, the Korea Rural Community Corporation, the owner of the instant construction project, and the Defendant Company, and D drafted an agreement on the direct payment of the subcontract price (hereinafter “instant agreement on the direct payment”) with the content that the subcontract price for each of the instant subcontract shall be paid to D directly by the Defendant Company to the Korea Rural Community Corporation, which is the owner of the instant construction project.

The plaintiff is a person who supplies petroleum to D with the trade name called Friju, Seo-gu, Gwangju, as a person who runs wholesale and retail business, such as oil.

E. On June 27, 2015, the Defendant Company and D drafted and issued to the Plaintiff a written confirmation that “I would confirm that I would request payment within the scope of the construction cost (profit) when I would request the Defendant Company to grant the payment of the oil amount from the present site (the present site) with respect to the oil amount of KRW 14,872,440, which D would have to pay to the Plaintiff.” (Evidence 1; hereinafter “instant written confirmation”).

F. Defendant B, the director of D, on November 3, 2014, provides that “I will guarantee that I will assume all responsibility for: (a) if D would not pay the oil price incurred in transactions with the Fluor (Plaintiff), such as oil for oil supply and employees required at the D construction site, etc.; and (b) if D would not pay the oil price, I will pay it:

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