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(영문) 대구지방법원 2018.11.01 2018가단10446
물품대금
Text

1. The Plaintiff:

A. Defendant A Co., Ltd. shall be 185,968,092 won and shall be fully repaid from June 28, 2018.

Reasons

1. The following facts are acknowledged based on the following facts: (a) the Plaintiff and the Defendant C have led to confession (the main sentence of Article 150(3) and (1) of the Civil Procedure Act); and (b) the Plaintiff and the Defendant A and the Defendant B, based on the respective descriptions of evidence Nos. 1 through 10 and the overall purport of the pleadings.

A. The Plaintiff is a corporation that runs a wholesale and retail business of water tools and pipes.

B. Defendant A was supplied with materials, such as pipes, from April 2016 to January 15, 2018. The amount of outstanding accounts due is KRW 84,371,233.

(hereinafter referred to as “the amount of debts arising from the first transaction”) c.

Defendant C (individual enterprises and business entities are called “E”) was supplied with machinery and equipment construction works to the D projects (hereinafter referred to as “D projects”) that were ordered and received by Heung Engineering Co., Ltd. (hereinafter referred to as “D projects”).

The Plaintiff supplied materials from November 5, 2015 to October 10, 2017 to the scene of the pertinent D project, which Defendant C received sewage. The Plaintiff confirmed that the amount unpaid to the Plaintiff following the settlement agreement around January 18, 2017 was KRW 109,200,000 and decided to return and deduct the remaining materials that were subsequently usable. The remaining amount of the final amount, which is the restriction on mutual aid money due to the return disposal, is KRW 101,596,859.

E. Defendant B is the actual manager of Defendant A and is the actual manager and the partner of Defendant C’s personal business.

As to the final outstanding amount of KRW 101,59,859, Defendant A Co., Ltd. prepared to the Plaintiff on January 2018, a letter of payment that Defendant A would pay to the Plaintiff at least 10 million won each month during the period from January 2018 to December, 2018, and Defendant B jointly and severally guaranteed this.

F. Meanwhile, when the Plaintiff supplied the materials to the above D business site, the Plaintiff, at the E’s request, made the principal contractor for a part of the materials as the other party to the transaction.

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