(영문) 창원지방법원 2020.04.23 2019나3602 | 리걸엔진

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(영문) 창원지방법원 2020.04.23 2019나3602

물품대금

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1. The part against the defendant in the judgment of the first instance is revoked.

2. The plaintiff's claim against the defendant is dismissed.

3...

Reasons

1. As to the judgment of the first instance that was rendered on April 21, 2011 by the Defendant, the Defendant filed an appeal for subsequent completion on August 13, 2019. According to the records of this case, the first instance court: (a) served the Defendant by means of service not served by the warden, etc.; and (b) on April 21, 201, “the Defendant and C jointly and severally with the Plaintiff shall pay to the Plaintiff 6% per annum from May 1, 2009 to March 12, 2011, 200 per annum 20% per annum from March 13, 2011 to the date of full payment; (c) served the original copy by public notice; and (d) served the original copy by means of service on April 27, 2011 to the date of full payment; and (e) served the original copy by means of service on April 27, 2011 to the extent that the Defendant had become aware of the fact that the original copy was sent by public notice within 3181.

2. The scope of the judgment of the court of first instance is limited to the part of the claim against the defendant, since the part of the judgment of the court of first instance as to the plaintiff's claim against the defendant and C is separated and confirmed as it is.

3. Basic facts

A. C around July 2008, upon the Defendant’s possession, was awarded a contract for the construction of a 4-story housing building on the land D in the city owned by the Defendant.

B. C issued three orders to the Plaintiff on November 1, 2008, among the new construction works of a building, and issued the orders written by the Defendant to the Plaintiff in the joint and several sureties column.

[Ground of recognition] Facts without dispute, entry of evidence No. 1, purport of the whole pleadings

4. Determination as to the cause of claim

A. The Plaintiff asserted that the Plaintiff supplied ready-mixed to C, and C did not pay the balance of 7,645,901 won for the goods.

The defendant shall pay for the above goods to the plaintiff C.

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