logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2015.07.15 2015가합509301
공사대금
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 240,900,000 and the interest rate thereon from November 4, 2014 to the date of full payment.

Reasons

1. Basic facts

A. Nonparty Ulsan Construction Co., Ltd. (hereinafter “Sullar Construction”) and the Defendants are members of a joint supply and demand organization that was awarded a contract with the Korea Consumer Agency located in Chungcheong-gun, Chungcheongnam-dong, Chungcheongnam-dong, which was ordered by the Korea Consumer Agency (hereinafter “instant joint supply and demand organization”) for a joint performance method on or around January 2013 (hereinafter “instant joint supply and demand organization”), and the Ulsan Construction is the representative of the joint supply and demand organization.

B. From January 23, 2014, the Plaintiff was awarded a subcontract for the supply and installation work of roll sckeine (hereinafter “instant subcontracted construction”) from the Ulsan Construction to June 30, 2014, with the construction period fixed from January 23, 2014 to June 30, 2014; and the construction cost of KRW 240,90,000,000.

(hereinafter “instant subcontracted construction contract”). C.

After the Plaintiff continued construction under the instant subcontract construction contract, the Plaintiff received KRW 227,904,930 of the construction price from Ulsan Construction as an electronic bill. The issue date is June 30, 2014; and the due date is October 10, 2014; the issuer Ulsan Construction; and the issuer’s 20,000,000 of the bill amount to the Plaintiff; and the due date and maturity; the issuer and the payee were the same as the bill; and the issuer and the payee paid KRW 52,150,320 of the bill amount to the non-party corporation on October 10, 2014; however, the Plaintiff refused payment.

The Ulsan Construction applied for rehabilitation on October 7, 2014 to the Seoul Central District Court as 2014 Gohap175.

[Ground of recognition] A without dispute, Gap evidence Nos. 1 through 4 (including each number, unless the number has been otherwise specified; hereinafter the same shall apply), Eul evidence Nos. 1, Eul obvious facts in this court, the purport of the whole pleadings

2. The parties' assertion

A. The purport of the Plaintiff’s assertion is that the Civil Act is a partnership, and the Ulsan Construction is the representative of the joint supply and demand organization. The Plaintiff and the joint supply and demand organization are represented by the joint supply and demand organization.

arrow