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(영문) 수원지방법원 2014.05.15 2012가합14251

물품대금등

Text

1. Defendant A Co., Ltd. shall pay to the Plaintiff KRW 150,000,000 as well as to the day of full payment from May 15, 2013 to the day of full payment.

Reasons

1. On August 19, 2009, the Plaintiff entered into a contract for the manufacture and supply of three water tanks (100 tons of hot spring water tank, 175 tons of hot spring water tank and 175 tons of drinking water tank, 175 tons of drinking water tank, and 175 tons of drinking water tank) with Defendant A Co., Ltd. (hereinafter “A”) with Defendant A Co., Ltd. (hereinafter “A”), and agreed to pay KRW 150,000,000,000 to Defendant A under the instant contract. Since there is no dispute between the parties, Defendant A is obligated to pay to the Plaintiff damages for delay calculated from May 15, 2013 to the day following the delivery of the original copy of the instant payment order at the rate of KRW 150,00,000 and to the day of full payment.

2. As to the defendant B Association

A. The Plaintiff’s assertion that the Defendant B association (hereinafter “Defendant Association”) guaranteed the payment of the price for the goods to the Plaintiff. As such, the Defendant Union is obligated to pay the Plaintiff the price for the goods at KRW 150 million and the damages for delay.

B. According to the reasoning of the judgment below, Gap's evidence Nos. 1, 2, 4, Eul evidence Nos. 1, 2, 3, 8, Eul evidence Nos. 9-1 through 5, and Eul evidence Nos. 9-1 through 5, and Eul's testimony, the defendant Gap entered into a contract with the defendant union on August 26, 2009 for the second hot water hole and the second hot spring development project for C Hot Spring Nos. 1, 2, 4, 1, 209, and the plaintiff entered into the contract of this case with the defendant union on August 19, 2009. The defendant union guaranteed the payment of the water tank price liability to be paid to the plaintiff. The contract of this case is a contract for the manufacture and installation of water tank at the above C Hot Spring Construction site, and it is virtually impossible for the plaintiff to transport the water tank without any delay, so it is substantially impossible for the plaintiff to transport the above materials at the construction site.