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(영문) 서울중앙지방법원 2017.08.31 2016가단5189177
공사대금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for 53,413,800 won and the Defendant B Co., Ltd. from December 31, 2013.

Reasons

1. Basic facts

A. (1) Around October 25, 2012, Defendant B Co., Ltd. (hereinafter referred to as “B”) entered into a goods supply contract and a joint and several surety contract, etc., Defendant B Co., Ltd. (hereinafter referred to as “E”) entered into a subcontract for the electrical construction (hereinafter referred to as “instant electrical construction”) among the “F construction” that was contracted from KS Construction with the E Co., Ltd. (hereinafter referred to as “E”) during the construction period from October 26, 2012 to May 24, 2014.

(2) On November 9, 2012, the Plaintiff engaged in the business of manufacturing and distributing electric wires entered into a contract for the supply of goods (hereinafter “contract for the supply of goods”) with Defendant B as the ordering person, and Defendant C guaranteed the Defendant B’s obligation to the Plaintiff under the above contract on the same day.

O Contract Name: Amount of annual supply limit of 100,000,000 won (including value-added tax): From November 9, 2012 to November 8, 2013, the term of the O contract: With respect to the contracting party, the contractor for the supply of goods with electric wires and cables required at the entire site of the construction project and the terms and conditions for the payment of the price for the goods: The tax invoice shall be issued at the end of the month after the delivery of the goods.

The settlement shall be made in cash on the 10th day of the following month.

(3) Around November 20, 2012, the Plaintiff entered into a contract for the supply of goods with Defendant B and E as a joint owner (hereinafter “instant goods supply contract”) with the following content. At the time, the Plaintiff entered into a written estimate for the name, quantity, and unit price of the electric lines to be supplied under the said contract, and attached the said contract to the said written estimate.

O. Name of a contract (field): A contract amount of an O contract for the supply of electric wires for F Electric Construction: KRW 487,00,000 (excluding value-added tax): From November 20, 2012 to November 19, 2013: A contract amount for the payment of the price for O goods: The payment shall be completed at the end of the month after the delivery by the Plaintiff to Defendant B.

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