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(영문) 전주지방법원 2020.07.14 2019가단18695

물품대금

Text

1. The Defendants are jointly and severally liable to the Plaintiff for 52,638,020 won and the interest rate of 12% per annum from December 4, 2019 to the date of full payment.

Reasons

1. Facts of recognition;

A. Defendant B is the owner of the construction of a new neighborhood living facility located in Jinanan-gun D (hereinafter “instant construction”) located in Jinan-gun, and Defendant C performed the said construction work.

B. On April 12, 2019, the Defendants agreed to jointly and severally pay the Plaintiff the steel materials cost to be supplied to the Plaintiff at the instant construction site.

(Certificate of Payment). (C)

The Plaintiff supplied steel materials worth KRW 57,638,020 in total at the construction site of this case from April 15, 2019 to April 30, 2019, but was paid only KRW 5,000,000 in total.

[Grounds for Recognition]

1. Fact that there is no dispute, entry of evidence A of subparagraphs 1 through 6, and the purport of whole pleadings;

2. No dispute:

2. As long as the authenticity of the judgment document is recognized, the court shall recognize the existence and content of the declaration of intent in accordance with the contents of the document, unless there is a clear and acceptable reflective evidence that denies the contents of the statement.

In light of the above legal principles and the text of the letter of commitment to the payment of this case, it is difficult to recognize that Defendant B entered into the above joint and several surety agreement with the knowledge that each of the descriptions in subparagraph 2-1 and 2 of the evidence No. 2 is not included in the H beam price by deception or mistake

The Defendants are jointly and severally liable to pay to the Plaintiff the remainder of 52,638,020 won for steel materials (=57,638,020 won-5,000,000) and damages for delay at the rate of 12% per annum under the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from December 4, 2019 to the date of full payment, which is obviously after the date when the duplicate of the instant complaint was delivered to the Defendants.