(영문) 수원지방법원 성남지원 2018.05.04 2017가단208996

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(영문) 수원지방법원 성남지원 2018.05.04 2017가단208996

물품대금

Text

1. The Defendant’s KRW 49,665,30 for the Plaintiff and KRW 5% per annum from March 15, 2017 to March 24, 2017.

Reasons

On April 2, 2015, the Plaintiff: (a) entered into a contract to supply ready-mixeds necessary for the construction of an officetel (hereinafter “instant construction”); and (b) supplied ready-mixeds with the public construction company (hereinafter “public construction”); and (c) the Defendant jointly and severally guaranteed the public construction’s liability.

Therefore, the defendant is obligated to pay to the plaintiff 49,665,330 won for the unpaid goods and damages for delay.

The Defendant did not jointly and severally guarantee the obligation to the Plaintiff of the public construction. The Defendant jointly and severally guaranteed the obligation to the public construction.

Even if B paid to the Plaintiff, KRW 5,650,920 should be deducted.

In full view of the contents of evidence Nos. 1, 4, and 7 as to whether the Defendant’s joint and several liability was jointly and severally guaranteed, the public construction completed an order from the Plaintiff to be supplied with ready-mixed (hereinafter “instant order”) on April 2, 2015 at the construction site of the instant construction project. The owner of the instant construction project and the Defendant’s seal are affixed thereto as joint and several sureties; the Plaintiff obtained a certificate of personal seal issued by C on April 1, 2015 with the seal affixed to the joint and several liability joint and several liability column; the owner of the instant construction changed from C to D; the Heavy Credit Union agreed to lend the instant construction cost to D and the Defendant; the Defendant prepared a request for withdrawal of funds to the Plaintiff as payment for the instant construction cost; and it is reasonable to deem that the Defendant jointly and severally guaranteed the Plaintiff’s joint and several liability for the Plaintiff.

As to this, the defendant's seal affixed to the order of this case is different from the defendant's seal imprint.

유사 판례

-서울서부지방법원 2016.03.10 2015나35229

-대전지방법원 2015.07.03 2014나18290

-대구지방법원 경주지원 2021.02.09 2020가단1380

-창원지방법원진주지원 2016.07.21 2015가단36026

-창원지방법원 2021.02.05 2020나494