beta
(영문) 대전지방법원 공주지원 2018.06.07 2018가단311

물품대금

Text

1. The Defendants jointly and severally committed against the Plaintiff KRW 91,516,00 and Defendant A Co., Ltd. from March 1, 2018.

Reasons

1. According to the overall purport of evidence Nos. 1 through 5 of the judgment as to the cause of the claim, the Plaintiff entered into a contract for supply of ready-mixed with the Defendant A Co., Ltd., the contractor of the said new construction project, on April 1, 2016, and Defendant B and C, the owner of the said new construction project, jointly and severally guaranteed the Plaintiff’s obligation to pay the above ready-mixed amount, and the Plaintiff supplied the Defendant A with ready-mixed amounting to at least KRW 91,516,000 in accordance with the above ready-mixed supply contract.

According to the above facts of recognition, the Defendants are jointly and severally liable to pay the amount calculated by the ratio of 15% per annum from March 1, 2018 following the delivery date of the copy of the instant complaint to the date of full payment, and Defendant B and C are jointly and severally liable to pay the amount calculated by the ratio of 91,516,000 per annum from March 3, 2018 to the date of full payment, as requested by the Plaintiff.

2. As to the determination of Defendant A’s assertion, Defendant A corporation asserts that the Plaintiff agreed to pay the above ready-mixed price directly to the Plaintiff, which is the owner of the construction, so the Plaintiff cannot respond to the Plaintiff’s claim.

However, there is no evidence that the plaintiff and the defendants paid the above ready-mixed price directly to the plaintiff and agreed not to claim it against the defendant A. Thus, the above assertion by the defendant A is without merit.

3. In conclusion, the plaintiff's claim against the defendants is reasonable, and it is so accepted in entirety and decided as per Disposition.