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(영문) 수원지방법원여주지원 2014.08.28 2013가합1647
물품대금
Text

1. The defendant,

A. Plaintiff Tae Chang Chang Industrial Co., Ltd.: KRW 52,278,378 and its related amount from July 4, 2013 to August 28, 2014.

Reasons

1. Basic facts

A. The Plaintiffs are companies that belong to the Seoul Scave Industry Cooperatives (hereinafter “Scaves Industry Cooperatives”) and engage in the business of manufacturing and selling Acaves in the Scaves Industry Cooperatives (hereinafter “Scaves Industry Cooperatives”).

B. The Defendant, as the implementer of the construction of the “Shyeong-ro Road Construction Corporation” (hereinafter “instant construction”), ordered a non-party association to obtain necessary asphalts for the said construction through the Si Construction Corporation (Ssung Construction Co., Ltd.). Upon receiving a request for supply from the non-party association, the Plaintiffs supplied Acons at the construction site of this case.

C. On June 10, 2013, the Plaintiffs acquired each of the amount stated in the claims against the Defendant from the non-party partnership, and notified the Defendant of each transfer.

[Ground of recognition] Unsatisfy, entry of Gap evidence 7 (including provisional number), purport of whole pleadings

2. The assertion and judgment

A. The plaintiffs Tae Chang Industrial Co., Ltd. (hereinafter "Co., Ltd.") alleged by the plaintiffs (hereinafter the plaintiffs' labeling omitted) supplied them with the defendant a total of KRW 897,64,682. The non-party trade association received KRW 844,06,120 among them to the defendant, and did not receive the remainder of KRW 53,598,562.

Plaintiff

Samops Co., Ltd supplied a total of KRW 541,642,078 to the Defendant, and the non-party partnership received KRW 488,778,454 from among them to the Defendant, and did not receive the remainder of KRW 52,863,624.

Plaintiff

Large concrete supplied the Defendant with a total of KRW 493,101,960, and the Nonparty Union received KRW 443,043,680 among them to the Defendant, and did not receive the remainder of KRW 50,058,280.

Therefore, the defendant is liable to pay each of the above unpaid goods to the plaintiffs, and the defendant gains profits from the completion of road packing works. Therefore, the defendant is liable to return unjust enrichment corresponding to the above unpaid goods.

B. The defendant.

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