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(영문) 광주고등법원 2015.03.27 2014나10440
물품대금
Text

1. The plaintiff's appeal and the plaintiff's conjunctive claim added in the trial are dismissed, respectively.

2. After an appeal is filed.

Reasons

1. Basic facts

A. On April 1, 2012, the Defendant, including the conclusion of a supply contract, concluded a construction contract with the E-Operation B (hereinafter “B”) by setting the construction cost of KRW 1,727,00,000, and the construction period from April 1, 2012 to April 30, 2013 with respect to the construction work for cooperation in the field and for the production, supply, and installation of smoke-based pipelines among the new construction works in the mountain C (hereinafter “instant construction work”).

Around July 2012, the Plaintiff entered into a supply contract with B for the virtue necessary for the instant construction project (hereinafter “instant supply contract”). Around that time, the Plaintiff supplied the virtue to B.

B. On November 30, 2012, F, the actual operator of the Plaintiff, in the course of preparing the payment guarantee letter, has not been fully paid the virtue price under the supply contract of this case from B. On November 30, 2012, F, who requested D, a construction site manager of the instant construction site, to prepare the payment guarantee letter (hereinafter “instant payment guarantee letter”) and sign it. The main content of the instant payment guarantee letter is as follows. At the bottom of the payment guarantee letter, F, “(i) seal imprint, ② corporate director attachment” is indicated as follows.

( Note)A (Plaintiff) guarantees that, in the event of an outstanding amount, the payment shall not be made to B, which is an enterprise with virtue under the contract, and that, in the event of an outstanding amount, it shall be paid directly to the C (Plaintiff) who is an enterprise with virtue under the contract, to pay the outstanding amount for the payment of the proceeds of the necessary virtue products at the KOsan-si Construction Project (instant Construction) site.

1. The scope of guarantee: From the supply to the completion date of construction works on August 6, 2012, the scope of guarantee shall be limited to the joint venture;

2. Price settlement method: D on the basis of a written claim, refused to the purport that the approval of the defendant is necessary for the above request of the plaintiff, but once signing is made and signing on the instant payment guarantee letter at the request of the plaintiff to obtain approval from the defendant later, and E on the spot together with E at the site.

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