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(영문) 청주지방법원 영동지원 2018.04.06 2017가단4262
물품대금
Text

1. Defendant Civil Construction Co., Ltd.: (a) KRW 101,881,080 for the Plaintiff and its related thereto from August 1, 2016 to October 23, 2017.

Reasons

1. Basic facts

A. The Plaintiff is a person who operates a gas station in the Chungcheong-gun B, Chungcheongnamcheon-gun, and the Defendant C&S Co., Ltd. (hereinafter “Defendant C&S”) is a company that received a contract from the Daejeon Regional Land Management Office for road construction works (section 2), and Defendant C&S Co., Ltd. (hereinafter “Defendant C&S”) is a company that received a subcontract for the construction of soil and drainage structures from the Defendant C&S industry.

B. The Plaintiff supplied the oil required for the subcontracted construction to Defendant Choho Construction, and the Defendant Chosung Industry directly paid the Plaintiff totaling KRW 2,178,80,883 of the oil price for the Defendant Choho Construction upon the request for a direct failure from January 7, 2013 to October 16, 2015.

C. On January 27, 2016, Defendant Chho Construction: (a) confirmed that the amount of oil unpaid to the Plaintiff was KRW 101,881,080; and (b) drafted a letter of commitment to pay that amount by July of the same year.

On March 4, 2016, the Defendant C&L notified the termination of the subcontract construction contract on the ground of the nonperformance on the construction of Defendant C&L.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 3, Eul evidence 1 to 9 (including paper numbers), the purport of the whole pleadings

2. Determination as to the claim against the Defendant’s integrative industry

A. In light of the Plaintiff’s assertion that the Defendant 1 paid approximately KRW 2.2 billion to the Plaintiff for three years, and that the Defendant 1 paid approximately KRW 100 million to the Plaintiff with the oil payment due to Defendant 1’s construction merely for KRW 100 million, and that the Defendant 1 paid most of the oil payment due to Defendant 1’s construction, and that the Plaintiff trusted the direct payment of the oil payment to Defendant 1 and supplied the oil to Defendant 1, the Defendant 1 guaranteed the Defendant 1’s obligation to pay the oil payment due to Defendant 1’s construction.

Therefore, the defendant friendliness industry is the same.

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