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(영문) 서울서부지방법원 2014.05.30 2013가합492
납품대금(골재)등
Text

The defendant shall pay to the plaintiff A 17,244,690 won, the 172,755,310 won, and each of the above amounts to the plaintiff B.

Reasons

Basic Facts

Plaintiff

Companies are companies engaged in aggregate processing and sale, aggregate supply and distribution business, and Defendant Company is companies engaged in ready-mixed manufacturing business, and C is a person who has operated gas stations and aggregate business under the trade name of “E” in Scheon-si D, and Plaintiff B is a person who has acquired part of the aggregate delivery price bonds against the Defendant Company from the Plaintiff Company.

C On April 4, 2012, in the name of the Plaintiff Company, written a contract between the Defendant Company and the Plaintiff Company to supply aggregate to the Defendant Company as follows:

(hereinafter referred to in the instant contract). The duration of this contract under Article 5 (Contract Period) of Map 2 (Goods Details and Unit Price) of Annex 12,500,000, 12,500 m2,000 m2 per unit price, m2,500 m2,00 per unit price of the name name specification, shall be from March 2, 2012 to March 1, 2013, and may be extended by agreement between the parties.

Article 6 (Payment of Price for Goods) The Defendant Company shall pay the price for goods supplied by the Plaintiff Company in cash on the 15th of the following month after the beginning inspection of the following month on the basis of the last day of each month.

Bank Account Number: From March 6, 2012, G, an employee of C or C, transported and supplies aggregate of KRW 757,482,00,00 from the place of business located in the Plaintiff Company, to the Defendant Company. From July 2012 to August 16, 2012, C transported and supplies aggregate to the Defendant Company.

For the repayment of the aggregate supply price under the instant contract, the Defendant Company shall transfer the aggregate to the national bank account (Account Number I) in the name of C or deliver it to C or G in promissory notes from March 12, 2012 to June 15, 2012 as indicated below. From July 16, 2012 to September 17, 2012, after C left the Republic of Korea, to the national bank account in the name of the Plaintiff Company or deliver it to G in promissory notes.

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