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(영문) 대전지방법원논산지원 2015.01.29 2014가단2870

물품대금

Text

1. The defendant shall pay 50,173,000 won to the plaintiff and 20% per annum from July 22, 2014 to the day of complete payment.

Reasons

1. The following facts may be found either in dispute between the parties or in full view of the purport of the entire pleadings as stated in Gap evidence 1-2, 3, and 4:

On April 15, 2013, the Defendant awarded a contract for the construction of a new urban-type residential house (hereinafter “instant construction”) on the 1st and 10th floor above the 1st floor above the 10th floor above the 2nd floor above the 10th floor above the 10th floor above the 10th floor above the 2nd floor above the

B. On June 1, 2013, the Plaintiff concluded a contract to supply ready-mixeds with respect to the instant construction to the non-party company (hereinafter “instant contract”).

The Defendant jointly and severally guaranteed the obligation to pay the price under the instant contract.

2. The parties' assertion

A. The plaintiff's assertion that the plaintiff supplied ready-mixeds worth KRW 50,173,00 in total at the construction site of this case to the non-party company according to the contract of this case. Thus, the defendant, a joint guarantor of the contract of this case, is liable to pay the plaintiff 50,173,000 for ready-mixed price and damages for delay.

B. The Defendant’s assertion that the instant construction project was not carried out more than 100 square meters of the total floor area of the first floor and the first floor above the ground, the transaction president presented by the Plaintiff cannot be trusted as it was unilaterally prepared, the operation daily bulletin presented by the Plaintiff indicates the instant construction site (B at the time of debate), places other than those (C at the time of debate), and the supply of ready-mixed was made on June 17, 2013 and August 3, 2013 at the construction site of this case. In light of the fact that the Plaintiff supplied ready-mixed at the construction site of this case, the Plaintiff did not supply ready-mixed equivalent to the amount claimed by the Nonparty company.

3. Determination: (a) comprehensively taking account of the overall purport of the pleadings in the descriptions of evidence Nos. 1, 2-1, 2-3, 3-1, 4, 5-1, 2, 3, 6, 7, and 8 of evidence Nos. 1, 2-2, 600; (b) the amount equivalent to KRW 1,72,60 on May 15, 2013; and (c) the amount equivalent to KRW 31,09, 200 on June 17, 2013; and (d) the amount equivalent to KRW 4,00 on July 1, 2013;