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(영문) 광주지방법원순천지원 2015.06.12 2013가단11571
물품대금
Text

1. The Plaintiff:

A. The Defendants jointly share KRW 26,928,200, as well as the aforesaid costs from August 31, 2012 to June 12, 2015.

Reasons

1. Basic facts

A. Defendant B Co., Ltd. (hereinafter “Defendant B”) promoted D’s new construction work on the ground C (hereinafter “instant construction”) around November 201, 201, and employed E to administer the instant construction work.

The duties of E, who are assigned to serve as a director of the technical team by the Defendant, are practically in charge of the instant construction project, such as the selection of the contractor of the instant construction project and the direction and supervision of the construction, and E was also in charge of the field manager of the instant construction project.

B. On November 10, 2011, Defendant A, a corporation, was selected as a contractor, and the contract was concluded between Defendant B and Defendant A to contract the instant construction work. On the same day, Defendant B and Defendant A entered into a contract with the owner that “The price payment and the selection of the company shall be directly participated by the owner of the building,” with the construction cost of the instant construction work as KRW 2.15 billion (excluding value added tax) and other matters.”

However, in fact, only he borrowed a construction license from Defendant A, and directly selected the subcontractor while supervising the instant construction, and then prepare a sewage supply contract using the Defendant’s seal impression kept by him, and Defendant A paid the construction cost by remitting the construction cost deposited in the said account to the sewage subcontractor while managing the Defendant’s deposit account in the name of Defendant A, and there was no notification to the sewage subcontractor during that process.

C. On December 23, 2011, the Plaintiff: (a) determined that the payment between Defendant A and the Plaintiff shall be made in full within 30 days after filing a monthly request for the end of the month; and (b) concluded an order (hereinafter “instant note 1”); and (c) written the E’s trade name, address, and representative director’s name in the “contractor” column; and (d) sealed Defendant A’s seal impression.

On May 2012, the Plaintiff made a request for payment with Defendant B within 30 days after the end of each month.

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