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(영문) 의정부지방법원 2016.07.07 2015나2509
청구이의
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. A. B (hereinafter “B”) around October 25, 2012, between D Co., Ltd. and D Co., Ltd. (hereinafter “D”) received a contract for electrical construction (hereinafter “BTL electrical construction”) between D Co., Ltd. (hereinafter “D”) and the owner of the Army, Yangju’s barrack’s military establishment installation installation installation installation costs of KRW 1,727,00,000,000, and the construction period from October 26, 2012 to May 24, 2014.

B. B and D, around November 20, 2012, supplied an amount equivalent to KRW 487,00,000 (excluding value-added tax) to BTL electrical construction between the Defendant and the Defendant. On the last day of the month of the delivery, if the Defendant issues D tax invoices, it entered into a contract for the supply of goods (hereinafter “the first supply contract”) with the content that D shall pay the goods to the Defendant in cash by the end of the following month following the delivery by the Defendant.

In addition, the above electric wires set up a quotation for the name, quantity, and unit price of 487,00,000 won and attached to the above contract.

C. On December 4, 2012, B entered into a goods supply contract between the Defendant and the Defendant within the limit of KRW 100,000,000 per annum from December 4, 2012 to December 3, 2013 (including value-added tax) under which the Defendant will receive electric wires and cable products within 30 days and pay the Defendant the goods by the end of the following month (hereinafter “the second goods supply contract”). The Plaintiff jointly and severally guaranteed the Defendant’s obligation to pay the goods under the above contract.

On September 2013, the Defendant supplied the instant electric wires (hereinafter referred to as “instant electric wires”) equivalent to KRW 53,413,800 (including value-added tax) at the site of BTL electrical construction sites.

E. The Defendant filed a joint claim for the payment order of KRW 53,413,80 for the goods price of the instant electric wires and damages for delay against the Plaintiff, the Plaintiff, and the On-Site Director C, the High Government District Court Decision 2013Da2441, supra. The said payment order was served on the Plaintiff on December 16, 2013, and became final and conclusive on December 31, 2013.

(hereinafter referred to as the “instant payment order”). [The grounds for recognition] dispute.

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