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(영문) 창원지방법원마산지원 2017.05.24 2016가합363
공사대금 등
Text

1. Defendant B shall pay to the Plaintiff KRW 279,241,689 and the interest rate of KRW 15% per annum from August 20, 2016 to the date of full payment.

Reasons

1. Determination as to the claim against the defendant B

A. The description of “the cause of the claim against the Defendant B” is as shown in the annexed sheet to the claim.

(b) Applicable provisions of judgment by publication: Article 208 (3) 3 of the Civil Procedure Act;

2. Determination as to the claim against Defendant C Co., Ltd.

A. The Plaintiff asserted that Defendant C corporation contracted to Defendant B (i.e., an individual entrepreneur who runs the rash cutting control, vessel engine parts processing business, etc. with the trade name of Defendant B (hereinafter “D”), with respect to the painting work of the E-power plant and the iron plates located in the F-Power Power Plants, and the Plaintiff performed the file painting work at the request of the Defendant B.

Although the Plaintiff completed the painting work of the sn beam/sn beam of the sniven power plant and Ethical power plant T-96, Defendant C Co., Ltd’s G manager had not been paid the seals from Defendant B demanded the difference of the above products while promising to pay the seals. The Plaintiff transferred the above products to Defendant C Co., Ltd.

Therefore, Defendant C Co., Ltd is jointly and severally liable with Defendant B to pay KRW 70,016,288 to the Plaintiff the price for painting of the said product.

B. According to the evidence Nos. 1, 2, and 3-5 of the evidence Nos. 2-1, 11, 12, and 4-5 of the evidence Nos. 2-1, 2, and 4-5, the Plaintiff entered into a contract with Defendant B’s personal business chain D with the Defendant, and as of July 30, 2015, between the Plaintiff and D as of July 30, 2015, a total of KRW 70,016,288 (including additional taxes) with respect to the iron plates and T-96 iron plates, and the fact that the electronic tax invoice was issued can be acknowledged.

However, the evidence submitted by the Plaintiff alone is insufficient to recognize that Defendant C corporation agreed to pay 70,016,288 won to the Plaintiff jointly and severally with Defendant B (D), and there is no other evidence to acknowledge the agreement.

Therefore, the plaintiff's argument about defendant C corporation is without merit.

3. Thus, the plaintiff's conclusion is that defendant B.

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