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(영문) 대구지방법원서부지원 2016.06.15 2015가단12479
물품대금
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. D, under the trade name of “C”, engaged in mechanical facility construction business, received a subcontract for the installation of machinery and ancillary facilities during the repair work (hereinafter “instant construction work”) from E E/SI at port from E/SI (hereinafter “SI”), but it was impossible to order the construction work under the name of E/S., and entered into a construction contract with E/SI on October 22, 2014 by lending the Defendant’s name with the construction cost of KRW 400,000.

B. From August 5, 2014, the Plaintiff supplied the Stetra lease product to D, and supplied the Stetra lease product even at the above construction site. An outstanding amount that was not paid from D by December 30, 2014 was caused to KRW 126,876,885.

C. On January 24, 2015, the Plaintiff received from the Defendant a written agreement (i.e., a written consent to the direct and direct payment of construction costs) stating the following matters (hereinafter “written agreement”) from the Defendant. The “written consent to the direct and direct payment of construction costs” refers to the “written consent to the instant written consent to the direct and direct payment of construction costs.” The “written consent” is stamped only by F, and D’s seal is affixed thereon.

(A) A) The representative director A. F. F. H. of the Bank of Korea who has agreed to make a direct payment for the construction price as follows: (B) the representative director of the Bank of Korea has agreed to make a direct payment for the construction price under paragraph (1).

-The indication of the work price to be paid - The work price to be paid ? The work price to be paid ? for the work entered into between EMa1 and EMa1 (the work of installing machinery and ancillary facilities during the repair work)

1. A, B, and C agree that the above Party A’s direct payment of KRW 100 million,00,000,000,000,000,000,000,00 for the construction price to be paid to C.

(First Payment Date: 80,000,000 until February 16, 2015 (Second Payment Date: March 31, 2015, 46,876,887)

2. Byung's bonds and obligations between Eul shall be terminated concurrently with the payment of the above amount to Byung in full, and Byung prior to that time.

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