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(영문) 서울동부지방법원 2018.03.30 2015가단47236 (1)
자재대금
Text

1. The defendant shall be jointly and severally with B to the plaintiff 129,807,353 won and the interest rate thereon from December 16, 2015 to the day of full payment.

Reasons

1. Basic facts

A. On August 13, 2014, the Defendant entered into a construction contract with D Co., Ltd. (hereinafter “D”) under which the term of the construction of the new building of the Defendant church was determined from August 13, 2014 to June 30, 2015, and the contract amount is KRW 3.678 billion.

B. On April 7, 2016, as the co-defendant of the instant case, the judgment was tried separately for the acceptance of the Plaintiff’s claim, and the judgment became final and conclusive thereafter. D accepted a subcontract for reinforced concrete construction among the said new construction works (hereinafter “E”) in the name of E Co., Ltd. (hereinafter “E”), and on October 20, 2014, the Plaintiff entered into a temporary re-lease agreement (hereinafter “instant lease agreement”) with the Plaintiff for the performance of the said construction work, and received temporary materials, such as short frequency and relics, from the Plaintiff from around that time.

On the other hand, D has jointly and severally guaranteed the debt of the above contract E.

C. However, around January 1, 2015, D’s discontinuance of the foregoing new construction and discontinuance of E’s business, etc. was interrupted until February 15, 2015. However, it appears that B continued to perform the construction under its name and the price for the instant structural construction would have been paid to B by the Defendant.

The material related to the specific contractual relationship between the defendant and B is not submitted prior to the closing of argument, and according to the material submitted by the defendant as reference material after the closing of argument, the direct subcontract is concluded between the defendant and the B regarding the instant structural construction.

On February 16, 2015, the temporary re-lease contract was concluded between B and the Plaintiff. On the same day, the Defendant jointly and severally guaranteed the obligations under the above contract B (hereinafter “instant rental contract”) and remitted KRW 30 million to the Plaintiff as rent.

[A(hereinafter referred to as "A") with respect to the details, etc. of the contract under the instant lease agreement (No. 2 No. 1) shall be referred to as "A(hereinafter referred to as "A") at the site of the new construction of the South South South South South South C guard.

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