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(영문) 청주지방법원 2015.04.23 2014가단7346

물품대금

Text

1. Defendant Bosung Co., Ltd. shall pay to the Plaintiff KRW 69,166,680 as well as its full payment from July 3, 2014.

Reasons

1. Determination on the claim against Defendant Bosung Co., Ltd.

A. Indication of claims: It is as shown in the Attached Form “Cause of Claim”.

(b) Judgment by public notice (Article 208 (3) 3 of the Civil Procedure Act);

2. Determination as to the claim against the defendant Lee Jong-chul, A, and Kangsan Construction Co., Ltd.

A. The gist of the Plaintiff’s assertion is as follows: (a) around January 15, 2014, the Plaintiff supplied ready-mixeds equivalent to KRW 24,710,400 on the above land under the joint and several liability of Defendant A and the joint and several liability of Defendant A (see evidence 1-2) under the joint and several liability of Defendant A and the joint and several liability of Defendant A (see evidence 1-1-2); (b) the Defendant Company Boen-si Co., Ltd. supplied ready-mixeds equivalent to KRW 44,456,280 on the land of Sejong City upon receiving orders from Boen-si; and (c) around February 15, 2014, the Defendant is jointly and severally liable to pay the above ready-mixeds to the Plaintiff.

B. Determination 1) First, as stated in Gap evidence 8 and 9 and the witness Eul's testimony alone, it is insufficient to recognize that Gap corporation signed and sealed Eul corporation's construction and defendant Eul corporation's joint and several sureties's obligation to pay back for ready-mixed products as stated in Gap evidence 1 and 2 (main document), and there is no other evidence to acknowledge it otherwise. 2) Further, as alleged by the plaintiff, Eul corporation's testimony does not submit Gap evidence 2, Gap's evidence 6-1 and 3, Gap evidence 7, Gap's evidence 10-1 and 2, each statement and image, Eul's testimony, and Eul's testimony to the effect that Eul corporation's joint and several sureties's obligation to pay back for ready-mixed products.