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(영문) 창원지방법원통영지원 2015.12.10 2015가단4305

물품대금

Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 105,945,60 and the interest rate thereon from August 20, 2015 to the date of full payment.

Reasons

1. Determination as to the claim against Defendant Yangyang Construction Co., Ltd., and Hanyang Housing Development Co., Ltd.

(a) Indication of claims: To be as shown in the reasons for the claims;

(b) Grounds: Judgment on deemed confession (Article 208 (3) 2 of the Civil Procedure Act);

2. Determination as to the claim against Defendant CSS Comprehensive Construction Co., Ltd. (hereinafter “Defendant Company”).

A. Basic facts 1) On October 27, 2014, the Plaintiff changed the name of the Plaintiff to the Dayang Integrated Construction Co., Ltd. (hereinafter “Dayang Integrated Construction Co., Ltd.”) on April 1, 2015, and all of the Defendant Construction Co., Ltd, regardless of whether before or after the change.

2) The construction project between the project owner and the project owner shall be deemed to be the project owner in the present city.

3) The contract for the supply of ready-mixeds to the site (hereinafter “instant contract”)

(2) As of the date of the closing of argument in the instant case, even though Defendant 1 and Defendant Handong Housing Development Co., Ltd. were provided with ready-mixed under the instant contract, Defendant 1 and Defendant Hanyang Construction Co., Ltd. had not yet paid KRW 105,945,600 out of the price (hereinafter “the price of the instant goods”) as of the date of the closing of argument in the instant case.

[Reasons for Recognition] Facts that there is no dispute between the parties, entry of Gap evidence 1 to 3, the purport of the whole pleadings

B. According to the facts established prior to the determination as to the cause of the claim, the Defendant Company is jointly and severally liable to pay to the Plaintiff 105,945,600 won for the instant goods and damages for delay calculated at the rate of 15% per annum from August 20, 2015 to the date of full payment, as claimed by the Plaintiff, among the interest rates prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, from August 20, 2015 to the date of full payment.

C. Determination 1 on the Defendant Company’s assertion 1) The grounds for the Plaintiff’s assertion as a joint and several surety cannot be known.

B. Defendant.