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(영문) 대구지방법원상주지원 2014.12.24 2014가단1408

물품대금

Text

1. The Plaintiff:

A. Defendant A Co., Ltd. shall pay KRW 56,814,00 and interest thereon from May 1, 2014 to the date of complete payment.

Reasons

1. Facts of recognition;

A. On March 22, 2013, Defendant B contracted Defendant A Co., Ltd. (hereinafter “Defendant Company”) with construction work (hereinafter “instant construction work”) for the construction of Hanok Building (D) on the ground level C at door-si (hereinafter “instant construction work”).

B. On August 7, 2013, the Plaintiff entered into a supply contract with the Defendant Company with approximately 450 cubic meters of the total amount of the supplied goods, KRW 76,000 per one cubic meters of the unit cost of the supplied goods, KRW 76,00 per one cubic meter of the unit cost of the supplied goods, KRW 30 million from July 25, 2013 of the delivery period, KRW 30,000 on August 16, 2013 of the payment terms, and KRW 70,000 on October 7, 2013 of the payment terms (hereinafter “instant contract”). Defendant B guaranteed the Defendant Company’s joint and several surety obligation on the same day.

C. From December 17, 2013, the Plaintiff supplied ready-mixeds in the amount of KRW 625 cubic meters (per 48,328,000) to the Defendant Company regarding the instant construction site. From July 1, 2013 to December 17, 2013, the Plaintiff supplied ready-mixeds in the amount of KRW 89 cubic meters (per 68,788,000) to the Defendant Company, including the aforementioned ready-mixed.

At present, Defendant Company failed to pay for ready-mixeds equivalent to KRW 56,814,00, and among them, the amount of ready-mixed supplied at the construction site of this case was 48,328,000.

[Reasons for Recognition] Unsatisfy Facts, entry of Gap evidence 1 to 3 (including each number), witness E's testimony, purport of whole pleadings

2. Determination

A. According to the above facts of recognition, ① Defendant Company shall pay to the Plaintiff the amount of KRW 56,814,00 and damages for delay calculated at the rate of 20% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from May 1, 2014 to the date of complete payment, as the Plaintiff seeks, and ② Defendant B shall jointly and severally with Defendant Company KRW 48,328,000 out of the above KRW 56,814,00, and damages for delay calculated at the rate of 20% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from May 1, 2014 to the date of complete payment, as sought by the Plaintiff.