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(영문) 울산지방법원 2018.09.13 2017가단65540
물품대금
Text

1. Defendant Substitute Family Co., Ltd.: (a) KRW 96,00,000 for the Plaintiff and its related thereto, from September 8, 2017 to December 8, 2017.

Reasons

1. The facts following the facts of recognition are acknowledged as either a dispute between the parties or in full view of Gap evidence 1 to 10, Eul evidence 1 to 6, witness Eul's witness Eul's testimony and the whole purport of the pleadings.

A. The Defendant Daedong Construction Co., Ltd. (hereinafter “Defendant Il Young Construction”) subcontracted the part of the household construction among the “C-built Housing Construction” from Samduk Construction Co., Ltd. and the “C-built Housing Construction Co., Ltd., and sub-subcontracted a part of them to the households instead of the Defendant Co., Ltd. (hereinafter “Defendant Daedong”).

B. On July 15, 2016, Defendant Substitute Family concluded a contract for the supply of materials with the Plaintiff (hereinafter “instant supply contract”) with the following content.

The supplier: The plaintiff and the supplier: the contract amount of raw materials (MDF): 96,00,093 won (including value-added tax): Payment in cash at the time of the payment for the progress of the contract for the defendant Il-young

C. By August 30, 2016, the Plaintiff supplied all the materials stipulated in the instant contract for the supply of the instant materials to Defendant Substitute Family.

2. According to the facts of recognition as to the claim against the defendant substitute household, the defendant substitute household is obligated to pay to the plaintiff 96,00,000 won of the contract price of the material supply of this case (as the plaintiff seeks, less than 100 won shall be cut off) and as the plaintiff seeks, 6% per annum as prescribed by the Commercial Act from September 8, 2017 to December 8, 2017, the delivery date of the complaint of this case, and 15% per annum as prescribed by the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the day of full payment.

3. Determination as to the claim against the defendant Dae-young

A. The plaintiff asserted that the plaintiff shall pay the contract price for the supply of the materials of this case to the plaintiff directly with the defendant Samsung Young-young, and since the plaintiff expressed his intent to make profits, the defendant Tae Young-young shall be jointly and severally with the defendant Tae Young-young.

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