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(영문) 부산지방법원 2017.02.07 2016가단14610
공사대금
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The facts based on the facts are recorded as D’s auditors from August 24, 2011 to March 31, 2014. Defendant C is a person who was employed as D’s employee due to Defendant B’s death. The Plaintiff became aware of Defendant C’s introduction.

[Ground of recognition] Facts without dispute, Gap 1's entry, purport of the whole pleadings

2. The assertion and judgment

A. The gist of the Plaintiff’s assertion 1) The Plaintiff entered into a contract with the Defendants under the following terms (hereinafter “instant contract”).

The Defendants did not receive the total amount of KRW 80,80,000 under the instant contract (i.e., KRW 10,500,000,000) from the Defendants, even though they concluded a contract and completed the performance of their obligations in accordance with the content thereof (i.e., KRW 10,000,000). On November 201, 201, the Defendants, as the parties to the instant contract, have jointly and severally liable to pay damages for delay to the Plaintiff, for the amount of KRW 70,50,000,000,000, which was not paid after being requested to install automation production facilities for animal feed manufacturing within D, which was completed.

3 even if the Defendants are not the Defendants, but D, at the time of the instant contract, the Defendants were responsible for themselves at the time of the instant contract and were to pay the amount to the Plaintiff. This is deemed to have jointly and severally guaranteed the obligation to pay D money to the Plaintiff. Therefore, the Defendants, as joint and several sureties, are jointly and severally liable to pay the Plaintiff the above KRW 80,80,000 and the damages for delay.

B. Therefore, the Defendants are the parties to the instant contract, or the Defendants were the parties to the instant contract at the time of the instant contract.

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