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(영문) 서울중앙지방법원 2017.11.21 2015가단5362197
물품대금
Text

1. The Defendant shall pay to the Plaintiff KRW 46,173,471 and KRW 36,367,00 among them, annually, from November 5, 2015 to November 21, 2017.

Reasons

1. Facts of recognition;

A. 1) The Plaintiff registered the business with the trade name of “E” for the trade of construction materials, etc., and the Defendant is a company established for the purpose of tin works, etc. (2) around April 2015, F, the representative director of the Defendant, issued to G a name stating that he/she is in the position of the Ministry of Construction and Transportation of the Defendant, and at the time, the Defendant was placed in the place of Haju-si where he/she was working in the field of the Haju-si where he/she was contracted to work with G and then introduced G as the employee of the Defendant at the site of the said construction site.

B. On April 16, 2015, the Defendant: (a) purchased stone; (b) On April 16, 2015, the Intervenor B Co., Ltd. (hereinafter “Supplementary Intervenor B”).

) As above, the Defendant subcontracted tin work among H work contracted by the Defendant to KRW 759,00,000,000, and the Defendant agreed that wage, material, and low-water will be paid directly by the Defendant. The Intervenor C (hereinafter “Supplementary Intervenor C”).

On the same day, B guaranteed the Defendant the payment of the debt to be borne by the Intervenor B under the said subcontract. 2) G sent an order form requesting the supply of building stones to be used in the said new construction work to the Plaintiff as indicated below (hereinafter referred to as “the first order form of this case”) from April 17, 2015 to May 25, 2015, using the Defendant’s document form as the head of the Defendant’s field office, as indicated in the following table.

3) Upon receipt of the order from G as above, the Plaintiff entered into a stone purchase contract on behalf of the Defendant with the Chinese company located in the following table, and sent the Defendant, through the head of the I belonging to the Defendant, through e-mail, the invoice, bill of lading, packing list, etc., necessary for the customs clearance of stone. The amount of the delivery of the other party to the stone purchase contract ($ US on the date of arrival of the Republic of Korea on the date of the shipment of the tea.

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