(영문) 수원지방법원 2016.11.01 2014나42315

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 수원지방법원 2016.11.01 2014나42315

물품잔대금 등

Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to be paid below shall be revoked.

Reasons

1. Basic facts

A. 1) The construction contract of this case was concluded between Defendant D and the representative director, G Co., Ltd., which was Defendant D, on October 26, 2012 (hereinafter “instant construction contract”). The construction work is established as entry roads for the trust industry Co., Ltd. and the E inte in Sung-si (hereinafter “instant construction work”).

As to the contract amount of KRW 350,000,000 and the deadline for completion determined as of January 30, 2013, Defendant C acquired the status of the contractor of the instant construction work while the construction was not carried out because materials, labor costs, etc. necessary for the construction were not paid properly, Defendant C acquired the status of the contractor of the instant construction work on April 20, 2013. (2) Defendant C took over the status of the contractor of the instant construction. As to the instant construction work on April 20, 2013, the contract amount is up to KRW 350,000,000, and the deadline for completion is up to May 30, 2013, and “any contract entered into with the trust industry corporation prior to this contract is responsible for and discarded by each person, and the cost invested in the previous construction is included in the payment for the completed portion under the contract, as of the same day.”

3) On April 23, 2013, Defendant C entered into a contract under the name of F and Defendant A to supply the instant construction project with a contract amount of KRW 350 million (hereinafter “instant contract”).

B. B. 1) The Plaintiff is a company that runs the sales business of ready-mixed and cement products.

2) Upon receiving an order from F to supply ready-mixed at the construction site of the instant construction site, the Plaintiff drafted a supply contract with F on April 28, 2013 (Evidence 1; hereinafter “instant supply contract”).

(C) On April 28, 2013, the date when the instant supply contract was concluded with the Plaintiff and the Defendant B, out of the price of the goods under the instant supply contract, is within the limit of KRW 20 million.

유사 판례

-대구지방법원김천지원 2015.10.30 2014가합2245

-서울중앙지방법원 2016.01.15 2015가단65965

-전주지방법원군산지원 2017.10.27 2017가합10321

-광주지방법원 목포지원 2018.11.09 2017가합280

-대구고등법원 2017.10.18 2016나23572