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(영문) 제주지방법원 2020.02.07 2019가단53596
보증채무금
Text

1. The Defendant shall jointly and severally pay to the Plaintiff KRW 110,988,00 with C as well as the full payment from April 2, 2019.

Reasons

1. Facts of recognition;

A. D Co., Ltd. (hereinafter referred to as “D”) awarded a contract to the Defendant for the construction of the F UP equipment (G teM) located in Jeju-si E (hereinafter “instant new construction”), and around December 19, 2017, the Defendant given a subcontract for the construction of reinforced concrete among the instant new construction works to the Plaintiff, who operates H, and the Plaintiff installed a fresh, wood, breg, breg, base, breg, each of the instant new construction works at the site of the instant new construction works for reinforced concrete construction (hereinafter “instant construction materials”).

B. On May 10, 2018, the Defendant, which has its head office in Seoul upon D’s request, concluded a contract for the instant new construction works with D around May 10, 2018. Around that time, C Co., Ltd (hereinafter “C”) that moved its head office to Jeju Special Self-Governing Province as the Defendant’s subsidiary, would continue to perform the instant new construction works after being awarded a contract with D. On the other hand, C subcontracted reinforced concrete construction works among the instant new construction works to I on May 30, 2018.

C. Accordingly, the subcontract agreement between the Plaintiff and the Defendant is terminated. On June 18, 2018, J, the head of Jeju Regional Headquarters of the Defendant, on the part of the Plaintiff and the Plaintiff, shall purchase the said construction materials owned by the Plaintiff by dividing the total of KRW 150 million into the price of the instant construction materials by September 25, 2018, on behalf of the Plaintiff and the Plaintiff by September 25, 2018, as C and I, the subcontractor, to continue to use the instant construction materials. In such cases, if C does not fully implement the subcontract, it shall immediately return the instant construction materials to the Plaintiff, and settle the amount of the unpaid materials by returning them in accordance with the unit price agreement. From December 2017 to June 2018, the unit price shall be KRW 10 million per month, 60 million per annum, and 00 million per annum from June 18, 2018 (from June 18, 2018).

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