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1. The Defendants shall jointly and severally pay to the Plaintiff KRW 45,823,800 and the interest rate thereon from August 5, 2016 to the day of complete payment.
Reasons
Basic Facts
The Plaintiff, a corporation engaged in the manufacture and sale of ready-mixed, supplied 53,461,100 won for ready-mixed to the construction of a new construction of the ground mooring yard (hereinafter referred to as the “instant construction”) outside of 747 square meters in Gyeong-gun, Gyeongnam-gun, Chungcheongnam-do (hereinafter referred to as “instant land”) from December 31, 2015 to June 8, 2016.
The owner of the instant construction project is Defendant B, and based on the above Defendant, E is the husband of the instant construction project, and Defendant C is the husband of the instant construction project.
Defendant C is the owner of the instant land.
【In the absence of any dispute, the Plaintiff’s assertion of the parties to the claim against Defendant B, as the owner of the building, is a person who was supplied with ready-mixeds from the Plaintiff. Defendant B is obligated to pay the amount of KRW 45,823,800 (=53,461,100 - 7,637,300 deposited on June 17, 2016) and damages for delay.
The Defendant B’s actual performance of the instant construction work was Defendant B’s husband E, and paid KRW 183,00,000 as the contract price by giving a contract to F with respect to the instant construction work.
The contractor F purchased ready-mixed from the plaintiff, and the defendant B did not have entered into a contract for supply of ready-mixed with the plaintiff.
Judgment
As to who is Defendant B and F, the following facts or circumstances, which can be acknowledged by the health stand, Gap evidence Nos. 4, 5, Eul evidence Nos. 4 through 7, Eul evidence Nos. 4 and Eul evidence Nos. 7, witness F’s testimony, and the entire purport of pleadings, namely, ① the contract was not prepared between Defendant B or E (hereinafter “Defendant B”) and F, and there is no data on the contents of the contract, such as the contract amount and the due date, etc.; ② the F was to receive a discount fee only for assisting the instant construction; ② the Defendant B was to pay the labor cost and the construction cost in lieu of the labor cost, and the Defendant B’s husband was to transfer money to himself on or around December 2015.