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(영문) 서울중앙지방법원 2016.07.12 2015가합565516
물품대금
Text

1. The Plaintiff, Defendant A, and Defendant B, jointly and severally with Defendant A, KRW 723,574,280, and Defendant B, respectively.

Reasons

1. Basic facts

A. 1) Asia ADT Co., Ltd. (hereinafter “ASEAN”);

A) The work of replacing an electric display board, system, etc. set up on the roads awarded by Seoul Expressway Co., Ltd. (hereinafter “instant work”).

Defendant A Co., Ltd. (hereinafter “Defendant Company”) on April 30, 2014

(2) On the same day, the Defendant Company awarded a sub-subcontracting the instant work to the Plaintiff (hereinafter “instant contract”) in the amount of KRW 1.776 million (excluding value-added tax). As to the payment, the Plaintiff filed a claim with each Defendant Company for the payment of the first payment on June 25, 2014, the payment for completed portion on September 25, 2014, the payment for completed portion on the second payment on September 25, 2014, and the remainder on the completion date, the Defendant Company received the full amount from Asia or IDT and paid it to the Plaintiff within 14 days after receiving it in cash.

B. On June 30, 2014, pursuant to the instant contract, the Plaintiff filed a claim for the payment for the first and second completed portion under the Plaintiff’s contract, and the amount included in value-added tax (including value-added tax; hereinafter the same shall apply) KRW 385,874,280 for the first completed portion with the Defendant Company.

(2) On September 30, 2014, the Defendant Company filed a claim for the payment of the said money with Asia, but did not pay it to the Plaintiff. (2) On September 30, 2014, the Plaintiff filed a claim with the Defendant Company for the payment of KRW 1,106,619,720 for the second completed portion in accordance with the instant contract.

Accordingly, the Defendant Company demanded Asia to pay the above money, but Asia did not pay the first progress payment to the Plaintiff by the Defendant Company. Accordingly, the Defendant Company suspended the second progress payment to the Defendant Company on the ground that it did not pay the first progress payment to the Plaintiff.

C. As joint and several sureties of the Plaintiff in Defendant B urged the Defendant Company to pay the first progress payment, Defendant B, the representative director of the Defendant Company, shall jointly and severally guarantee the Defendant Company’s obligation to pay KRW 385,874,280 to the Plaintiff.

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