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(영문) 수원지방법원성남지원 2020.08.27 2019가단215608
대여금
Text

1. The Defendants jointly and severally liable to the Plaintiff KRW 20,000,000 and Defendant C Co., Ltd. with respect thereto from March 15, 2019.

Reasons

1. Facts of recognition;

A. On August 16, 2017, the Plaintiff subcontracted the outer finishing construction works from the Co., Ltd. to the Defendant Co., Ltd. (hereinafter “Defendant Co., Ltd.”) entered into a contract with the Defendant Co., Ltd. (hereinafter “Defendant Co., Ltd.”) to supply outer wall materials necessary for the said construction, including arms, etc., on the condition that the period for implementation of the contract would be from August 16, 2017 to December 20, 2017, and the contract amount is KRW 253,00,000 (including value-added tax). In the event that the delivery date is set by the Defendant Co., Ltd., the contract with the Defendant Co., Ltd. (hereinafter “Defendant Co., Ltd.”) to supply the outer wall materials necessary for the said construction, including those for delay

(hereinafter referred to as “instant contract”) B.

However, while the Defendant Company supplied outer wall materials according to the instant contract, it was unable to use it at the construction site, and there was a situation in which it is required to return and re-supply appropriate products. As the selling manufacturer to be supplied is a German company located in Germany, it was difficult for the Defendant Company to comply with the air in the event it is transported to a ship in accordance with the existing contract terms.

Accordingly, the Plaintiff demanded from Germany to bring in and deliver the arms to be delivered again to the Defendant Company through air transport.

C. On February 6, 2018, the Plaintiff paid to the Defendant Company KRW 20,00,000 corresponding to the estimated cost necessary for air transport by the Defendant, which is to be supplied again. On the same day, the Plaintiff was drafted from the Defendants the loan certificate (Evidence A (Evidence A) with D, the representative director of the Defendant Company, the Defendant Company, and the joint and several liability company, as of April 25, 2018.

The Defendant Company imported 20,000,000 won from the Plaintiff from the German manufacturer to air carriage, and supplied the Plaintiff Company to the Plaintiff on February 26, 2028.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 11, 12, 13, 14, Eul evidence Nos. 1, 2, 3, 12, and 14, and the purport of the whole pleadings

2. Judgment on the plaintiff's claim

(a) loan claims;

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