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Reasons
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(영문) 서울중앙지방법원 2016.05.04 2015나70180
물품대금
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1. The judgment of the court of first instance is modified as follows.

The defendant shall pay to the plaintiff KRW 17,308,320 and KRW 10,00,000 among them.

Reasons

1. Determination on the cause of the claim

A. (1) On March 16, 2014, the Defendant entered into a construction contract with the Vietnam Comprehensive Construction Co., Ltd. (hereinafter “VS Comprehensive Construction”) under which the construction period is from April 1, 2014 to August 1, 2014, setting the construction cost as KRW 616,140,800, and the construction cost was 616,140,80 and the construction cost was 616,140.

(2) On May 2014, the Plaintiff entered into a contract for the supply of ready-mixed (hereinafter “instant contract”) within 30 days from the date of the Plaintiff’s claim for the payment of the price between the Vietnam General Construction and the Vietnam General Construction, and the Defendant jointly and severally guaranteed the obligation for the payment of ready-mixed to the Plaintiff under the instant contract.

(3) Under the instant contract, from May 8, 2014 to August 6, 2014, the Plaintiff supplied ready-mixed in the amount of KRW 5,00,00,000, out of the total amount of 32,308,320, including value added tax, to the Plaintiff.

(4) On April 29, 2015, the Defendant: (a) confirmed that the amount of ready-mixeds to be paid by the Berne General Construction is KRW 27,308,320; (b) paid KRW 10,000,000 as of May 2015; (c) paid KRW 10,000,00 as of June 20, 2015; and (d) paid KRW 7,308,320 as of July 20, 2015; and (c) drafted and issued a letter of payment performance to the Plaintiff on June 2, 2015; and (d) paid KRW 10,00,000 to the Plaintiff.

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 2-1 to 5, Gap evidence 3, Eul evidence 1 to 3, the purport of whole pleadings

B. According to the above facts of recognition, the defendant, barring special circumstances, shall pay to the plaintiff 17,308,320 won (=27,308,320 won - 10,000,000 won) not paid as prescribed in the letter of performance of payment (i.e., the defendant) and this.

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