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(영문) 수원지방법원 2015.07.06 2014가합6032
물품대금
Text

1. The Plaintiff:

A. Defendant B’s KRW 167,611,550 as well as 6% per annum from November 27, 2013 to June 30, 2014.

Reasons

1. Facts of recognition;

A. On November 24, 2011, the Plaintiff is at the F-site construction site (hereinafter “F-site”) of Defendant A and the Bupyeong-gu Incheon Bupyeong-gu, Seoul.

(A) the contract to supply construction materials (hereinafter referred to as “instant contract”)

(2) Defendant B and E jointly and severally guaranteed the obligation under the above contract against the Plaintiff. On the other hand, the above contract includes Defendant C also as a joint and several surety, and Defendant C’s seal is affixed thereto. (2) The Plaintiff supplied construction materials to the F site from November 201 to November 2013 according to the contract of this case, and the amount payable for rent is KRW 24,807,080.

B. 1) The Plaintiff is a construction site of the construction site of the Gu government that Defendant B performed from June 5, 2012 to November 26, 2013 (hereinafter “government site”).

(2) The Plaintiff, as indicated in the attached Table, leased or sold construction materials. (2) The Plaintiff claimed rent and sales amount to Defendant B by applying each corresponding unit price as indicated in the attached Table to the said construction materials, and accordingly, the rent and sales amount of the construction materials supplied at the Council site is KRW 69,328,97.

C. The Plaintiff is a construction site located in the Nam-gu Incheon Metropolitan City (hereinafter “H site”) performed by Defendant B from June 20, 2012 to November 26, 2013.

(2) The Plaintiff claimed rent and sales amount for each of the construction materials supplied at H sites by applying the relevant unit price indicated in the attached Table to Defendant B. Accordingly, the rent and sales amount for the construction materials supplied at H sites is KRW 73,475,493.

[Ground of recognition] Facts without dispute, Gap evidence 1, 3, 6, 7, 8, 9-1 and 2, the purport of the whole pleadings

2. Determination as to the claim against the defendant A, B, and E

A. According to the above findings of determination as to the F site, Defendant A is a construction material.

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