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(영문) 대구지방법원 2016.12.06 2016가단21664
구상금
Text

1. The Defendant: (a) KRW 42,372,00, and 5% per annum from June 22, 2016 to August 12, 2016, respectively, to the Plaintiff.

Reasons

Comprehensively taking account of the facts stated in Gap evidence Nos. 1 through 6 (including the branch number if there is no dispute between the parties) and the whole purport of the arguments, the defendant will be provided with ready-mixed Co., Ltd. (hereinafter referred to as "Large-si Co., Ltd.") for the construction of the plaintiff's factory located in Yong-si, 563 in Yong-si, Do. The plaintiff has jointly and severally guaranteed the defendant's obligation to pay for the purchase of goods of Dae-si, and the defendant is supplied with ready-mixed from Dae-si from May 22, 2015 to July 31, 2015, and the defendant fails to pay KRW 42,372,00 among the price of the goods, to the defendant as joint and several sureties, and the plaintiff's obligation to pay KRW 42,372,00 from the day following the date of delivery to 200% of the price of the goods to 20.26% of the price of the above goods to the defendant.

As to this, the Defendant asserted that, around April 2015, the Plaintiff agreed to waive the construction on August 30, 2015 while the Plaintiff was performing the construction by receiving a new construction of the Plaintiff’s factory located in Yong-do, Yong-do, 563, Yong-do, and that the Plaintiff agreed to take over the Plaintiff’s obligation to pay materials and payments, including the price of the instant goods, or subcontract consideration. However, according to the evidence No. 1 (written waiver of construction), the Plaintiff decided to directly pay to the subcontractor a total of KRW 19,82,000, labor cost of KRW 7,000, and the Plaintiff paid directly to the Plaintiff with respect to the obligation to pay the goods of the instant ready-mixed.

not stated that the obligation is to be taken over, but not set forth in subparagraph 1.

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