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(영문) 광주지방법원 2017.07.13 2015가합61134
물품대금
Text

1. The Defendants are jointly and severally liable to the Plaintiff to pay KRW 118,095,50 to the Plaintiff and the period from December 17, 2015 to July 13, 2017.

Reasons

1. Basic facts

A. (1) On April 28, 2009, the Defendants and Gyeongnam Company Co., Ltd. (hereinafter “Gyeongnam Company”) concluded a joint supply and demand agreement (hereinafter “instant joint supply and demand agreement”) with the Korea Rail Network Authority to set the construction period of construction from April 30, 2009 to December 31, 2016, with the construction period of construction for the construction sections, Section 7 No. 50,65,000,000 (hereinafter “instant construction”).

(2) The percentage of investment by the instant joint supply and demand company was composed of 50% in South Korea, 40% in Seoul Heavy Industries Co., Ltd., and 10% in Defendant Gold Heavy Industries Co., Ltd., and the representative of the instant joint supply and demand company was Gyeongnam Company.

B. (1) With respect to the instant construction project, the Plaintiff supplied ready-mixeds to Gannam enterprise or Dae-Am Leisure Industry Co., Ltd. (hereinafter “Sambam Leisure Industry”), a subcontractor of Gannam enterprise, from July 2012 to March 2015. However, the Plaintiff was not paid the price for the supply of ready-mixeds after December 2014.

(2) Although the Plaintiff filed a claim for the supply price of ready-mixeds with the remaining companies or the industry of light leisure, the details that have not been paid are indicated below.

E. The Plaintiff’s tax invoice issued KRW 68,608,320 on December 31, 2015, on January 31, 2015, 31, 2015, the Plaintiff’s tax invoice issued KRW 115,56,96,90 on February 28, 2015, which issued the tax invoice of KRW 150,820,450 on February 28, 2015, and KRW 56,50 on May 31, 2015, and KRW 3,521,30 on March 10, 2015, and KRW 394,828,060 on March 28, 2015.

C. (1) On April 7, 2015, Gyeongnam Company was decided to commence rehabilitation procedures with the Seoul Central District Court 2015 Gohap10070, and it was decided to obtain the rehabilitation plan on February 3, 2016.

(2) The plaintiff is ready-consumed with 125,129,620 won (No. 16,521,300 won No. 68,608,320 won) in the rehabilitation procedure for Gyeongnam Company.

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