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(영문) 부산지방법원 2015.01.07 2013가합17219
물품대금 등
Text

1. The Plaintiff, Defendant A, and Defendant Cheongfriendly Construction Industry Co., Ltd., are jointly and severally with Defendant A.

Reasons

1. The following facts for the determination of the cause of the claim may be found either in dispute between the parties, or in Gap evidence Nos. 1 to 3 and 5, in full view of the whole purport of the pleadings.

The Plaintiff was a juristic person engaged in the manufacturing of steel, etc. in Busan-gu until April 10, 2013. At present, the price for the goods that Defendant A did not pay to the Plaintiff is KRW 105,356,688 (i.e., KRW 11,779,48,480 at the Jinju-si, Jinju-si, Kimhae-si, 89,909,550 at the 89,909,550 on the site of the Corporation, Ginju-si, 2,94,200).

Defendant Cheongfriendly Construction Industry Co., Ltd. (hereinafter referred to as “Defendant Cheongfriendly Construction”) has jointly and severally guaranteed part of Defendant A’s obligation to pay goods to the Plaintiff, and the details thereof are as follows:

According to the above facts of recognition of KRW 95,779,480 on March 15, 2013, the amount guaranteed on the date of approval of the date of the on-site name guarantee (hereinafter referred to as the "on-site name guarantee date") for the construction works for the facilities located in the facilities located in the facilities located in the facilities located in the facilities located in the facilities located in the area of Jinju, Jeju, which was the date of approval, and KRW 95,779,480 on April 15, 2013 at the new construction site of the Corporation, the Defendant A is jointly and severally and severally with Defendant A to pay damages for delay at the rate of KRW 105,356,68, the total amount of the unpaid goods, and KRW 95,779,480, the total amount of the joint and several surety funds, and KRW 95,79,480, the following day after the delivery of the copy of the complaint of this case to the date of repayment.

2. The Defendants’ assertion as to the Defendants’ assertion: (a) the aforementioned construction works ordered the case and Doti Integrated Construction Corporation from Esti Industry Co., Ltd.; (b) subcontracted to Defendant Csti Construction; and (c) Defendant A completed the roof and outer wall construction with the panel material supplied by the Plaintiff; (d) there was a defect in the external steel board of the panel supplied by the Plaintiff (satis and steel plates).

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