logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2018.04.25 2016가단523787
자재대금
Text

1. The Defendants jointly and severally agreed to the Plaintiff KRW 74,629,657, and Defendant B Co., Ltd. from September 10, 2016.

Reasons

1. Basic facts

A. Defendant C Co., Ltd (the trade name before the change was “E”) was changed to “C Co., Ltd.” on April 24, 2013, and Defendant C Co., Ltd. (hereinafter “Defendant C”) entered into a contract with the owner F for the new construction of G ground factories (hereinafter “instant G”) at the time of harmony from the owner F on November 2012, and subcontracted the said G construction to Defendant B Co., Ltd (hereinafter “Defendant B”) around spring in 2013.

B. Around June 2013, Defendant C received a contract for the construction of the I-Ground factory from H Co., Ltd. to the owner of the building (hereinafter “instant I-Ground factory construction”). Defendant C subcontracted the said I-construction to Defendant B around 2013, when called together with the said G construction (hereinafter “instant construction”).

C. Defendant B was supplied with materials such as the board, etc. upon ordering the Plaintiff while performing each of the instant construction. The price of the board, etc. supplied by the Plaintiff was KRW 129,468,364 in relation to the said G construction, KRW 61,546,048 in total, KRW 191,014,412 in relation to the said I construction, and the Plaintiff was paid only KRW 116,834,755 in total.

[Evidence: Facts without dispute, Gap 1 through 9 (including paper numbers, hereinafter the same shall apply), Eul 1 to 3, and the whole purport of oral argument]

2. The parties' assertion

A. The Plaintiff’s assertion entered into a material supply contract with Defendant B on each of the instant construction works, and supplied the said materials as above.

Defendant C agreed to pay the above material price together with Defendant C, thereby acquiring the payment obligation concurrently.

The Plaintiff received 116,384,755 won from the Defendants until June 2, 2016, and first appropriated the said amount for the material price of the G Corporation.

Accordingly, the price of materials related to the G project of this case remains in KRW 13,083,609, and the above I's price of materials remains in KRW 61,546,048.

Therefore, the Defendants are jointly and severally liable to pay to the Plaintiff the total amount of KRW 74,629,657.

B. Defendant B’s assertion

arrow