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Reasons
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(영문) 부산지방법원 2015.04.02 2014가합7028
매매대금
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1. The Plaintiff:

A. Defendant A shall be KRW 162,646,58 and a rate of 20% per annum from October 24, 2014 to the date of full payment.

Reasons

1. Basic facts

A. Defendant B newly constructed “C” (hereinafter “C”) and ordered Defendant A to undertake the construction work.

B. On January 22, 2014, Defendant A sent a written order for steel materials necessary for the said construction to the Plaintiff. Based on this, the Plaintiff drafted a written estimate of evidence A No. 4. Based on this, the Plaintiff and Defendant A entered into a contract for supply of goods on January 27, 2014 with the following main contents, and Defendant B jointly and severally guaranteed payment.

Water-quality and industrial product-quality records;

1. Contract items: Products (construction: New construction) supplied by the Plaintiff other than H-BEAM 700x300 to Defendant A;

2. Contract amount: 147,860,535 won (including 197,570km) (162,646,588),

7. Goods delivery conditions: In principle, the arrival level of the defendant A’s designated place and Kim Sea Manufacturing Site shall be determined.

10. Joint and Several sureties: Defendant B shall jointly and severally guarantee the obligation of Defendant A, and shall be paid directly to the Plaintiff by the method of payment pursuant to paragraph 9.

(Plaintiff, Busan Bank D) also Defendant A shall simultaneously provide joint and several surety for the cost of new construction materials C.

Provided, That the obligations of Defendant A shall be limited to steel materials entered into a new construction of C.

C. From January 28, 2014 to February 4, 2014, the Plaintiff delivered the materials ordered by Defendant A to the manufacturing site located in Gyeongnam Kim-si E and F.

Defendant B, who did not carry the material at the construction site, found in E-production with Defendant A and found the material amounting to 8 to 18 times among the estimates of evidence A No. 4, and used it to newly construct C as follows.

The unit price (EA) weight of 008 H-BEM 400 700 700 300 x 13 x 24 x 1000 14 25,900 860 22,274,000 H-BS 400 x 300 x 12 x 17 x 1000 24 23,673,600 00 x 32,80 720 880 23,673,60 00 03-BS 400 - 450 20 x 940 x 940 x 700 x 760 x 7530,200 x 305 305 x 205 305 x 201208 x 2012

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