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(영문) 부산지방법원 2017.05.11 2016가단67461
물품대금
Text

1. The Defendant shall pay to the Plaintiff KRW 67,089,00 and the interest rate of KRW 15% per annum from November 15, 2016 to the date of full payment.

Reasons

1. Facts of recognition;

(1) C is the owner of Busan D Site 721.1m2, and from October 2015, it decided to construct a multi-household house with eight stories above the above ground on the above land, and the new construction work (hereinafter “instant new construction work”) was contracted to the Defendant Company for which C was the representative director.

d. The Defendant Company subcontracted civil and structural construction among the instant new construction works to F, operated by E on October 27, 2015.

Fidelity between December 30, 2015 and March 19, 2016, the Plaintiff supplied a total of KRW 67,089,000 (including value-added tax) to the new construction site of this case.

x. However, on December 29, 2015, the day immediately preceding the date when the Plaintiff supplies the steel bars to the said new construction site, the Plaintiff written a note that the Defendant Company C and the contractor, the owner, shall be responsible for the full amount of the steel bars supplied by the Plaintiff (value added Tax). The letter of payment for the steel bars was written, and the Plaintiff has a certificate of seal impression and a certificate of employee of the Defendant Company.

(v) C was removed from the representative director of the Defendant Company on June 7, 2016, and G and H were appointed as the representative director of the Defendant Company.

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 2-1 through 16, Gap evidence 3-1, 2-2, Eul evidence 2, the purport of the whole pleadings

2. In full view of the facts acknowledged as above, ① C is the owner of the new construction of this case, ② Defendant Company is the contractor of the new construction of this case, ② Plaintiff holding the certificate of the seal impression and the employee seal impression of Defendant Company, etc., it is reasonable to view the Defendant Company as the contractor of the new construction of this case, and as the owner of the new construction of this case, C and joint and several surety are the owner of the new construction of this case.

Thus, the defendant is from November 15, 2016 to the day of complete payment, which is the day following the delivery of a copy of the complaint of this case sought by the plaintiff, to the plaintiff as a total of KRW 67,089,000.

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