물품대금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The plaintiff asserts that as a joint and several surety, the defendant is responsible for paying the unpaid amount of KRW 41,695,720 to the plaintiff as a joint and several surety.
In regard to this, the defendant asserts that since there is a serious crack in the building of this case due to defects in ready-mixed supplied by the plaintiff, the plaintiff is liable for damages to the defendant, and that the plaintiff set off the damage claim against the plaintiff as the automatic claim and the above ready-mixed claim against the plaintiff B has expired, the defendant's liability as the guarantor of the obligation to pay ready-mixeds also extinguished.
2. Determination
A. 1) B Co., Ltd. (hereinafter “B”).
) The 4th floor factory of the general steel structure (hereinafter referred to as the “instant building”) in Ulsan-gu, Ulsan-gu C
B) Between April 10, 2014 and August 16, 2014, the two mountain Construction Co., Ltd. (hereinafter referred to as “dusan Construction”) is deemed to be a “dual construction” in the course of melting.
(2) The Defendant jointly and severally guaranteed the B’s obligation for the goods (mixed) related to the two productions construction.
3) On August 5, 2015, two mountain construction was partially divided and established by the Plaintiff on August 5, 2015. 4) Two mountain construction filed an application against B and the Defendant for a payment order with the Ulsan District Court 2014 tea482, and the said court issued a payment order on October 29, 2014, stating that “B and the Defendant jointly and severally paid two mountain construction KRW 41,695,720 and damages for delay.”
5) The above payment order against B is final and conclusive, and the defendant raised an objection against it and proceeded with the lawsuit of this case. 6) B against the plaintiff (which does not distinguish between two constructions and the plaintiff and indicated both the plaintiff as "the plaintiff"). If damage was incurred due to the defect of ready-mixed supplied by the plaintiff, and offset against B's damage claim (45,44,000 won) against the plaintiff, the debt against B based on the above payment order was extinguished.