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1. Of the part against the defendant in the judgment of the court of first instance, the following amount of money ordered to be paid is applicable.
Reasons
The scope of the adjudication of this court and the designated parties in the first instance court requested the defendant to claim the collection amount or the agreed amount, and the joint defendant D in the first instance court requested the defendant to claim the agreed amount. The first instance court dismissed the claim against the defendant, and accepted the claim against the above D.
In this regard, only the plaintiff and the selector appealed to the appeal, so this Court's decision is limited to the claim part against the defendant of the plaintiff and the selector.
Basic Facts
A. The Plaintiff is a person who operates E, and F is a person who runs the manufacturing business, etc. under the trade name of G, and the Defendant is a corporation that runs the construction business, etc., and H is a person who is the representative director of the Defendant from April 29, 2016 to December 12, 2016, and April 18, 2017, and D was registered as the Defendant’s internal director from May 4, 2016 to December 12, 2016.
B. On July 27, 2015, F entered into the following contracts with the Defendant:
(hereinafter referred to as the “instant contract”). To verify mutual agreement between Company B (hereinafter referred to as “A”) and Machinery Supplier G (hereinafter referred to as “B”) on the part of the project owner, a contract shall be concluded as follows:
(Omission) The name of machinery under Article 2: The size and quantity of Article 3 of J 3: The amount of the contract under Article 4, other than the I Sung-type K 2, and the amount under Article 4: 1.455 billion won (including value-added tax): the method of payment under Article 5, the amount of the contract for the payment of KRW 6.5 million, the amount of KRW 690 million in the first medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium
C. On June 24, 2016, the Plaintiff and the designated parties filed an application against F for payment of KRW 13,191,948 against the Plaintiff as Changwon District Court Kim Jong-si, 2016j1300, and with regard to the Selection, KRW 996,120, and each of them, 15% per annum from the day after the original copy of the above payment order was served to the day of full payment, and KRW 36,500 per annum for demand procedure expenses.