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1. The part of the judgment of the court of first instance against the defendant C Co., Ltd. shall be revoked, and the plaintiff shall be revoked.
Reasons
1. Basic facts
A. On January 2015, Defendant C Co., Ltd. (hereinafter “Defendant C”) contracted to Defendant B Co., Ltd. (hereinafter “Defendant B”) the construction of the Busan D apartment, and Defendant B entered into a contract with the Plaintiff to be supplied with ready-mixeds to be used in the said apartment construction.
B. From August 2015 to October 2016, the Plaintiff supplied ready-mixeds equivalent to the total amount of KRW 477,391,860 to Defendant B at the construction site of the said apartment. The supply details from June 2016 to October 2016 are as follows.
Monthly Amount of KRW 1,927,530 for July 7, 2016, KRW 14,173,060 for June 2016, KRW 37,293,520 for KRW 67,60 for August 8, 2016, KRW 1,683,440 for KRW 18,831,890 for total KRW 37,293,520 for around October 18, 2016.
C. The payment of the subcontract price, such as ready-mixed, was made upon Defendant B’s claim against Defendant C for the payment for the completed portion, such as ready-mixed price, and the E Co., Ltd. (hereinafter “trust company”) which entered into a management-type land trust contract with Defendant C (hereinafter “trust company”) directly paid the price to the subcontractor, including the Plaintiff. The trust company paid the price for ready-mixed up to May 2016 to the Plaintiff.
From June 2016, Defendant B did not claim payment for the completed portion of the ready-mixed price. As the Plaintiff was unable to receive the total amount of KRW 16,778,190 from June to 8, 2016, Defendant B expressed his intention not to supply the ready-mixed to Defendant B any longer.
Accordingly, Defendant C prepared and delivered the following terms of payment to the Plaintiff:
hereinafter referred to as "the case"
9.28."Written Payment Arrangement".
Title of a letter of payment agreement: The amount of money for the payment of ready-mixeds: the total of KRW 16,778,190,000 won from June 8, 2016 to KRW 16,778,190,000.
Although the above amount should be paid to A from B as the price for ready-mixed, it is still known that the payment has not yet been made, and it is paid to A as the end of September from 199.