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(영문) 울산지방법원 2019.09.18 2018가단21554
물품대금
Text

1. The Defendants jointly and severally committed against the Plaintiff KRW 45,267,730 and Defendant B Co., Ltd. from November 16, 2018.

Reasons

1. Basic facts

A. The Plaintiff is a company established for the purpose of manufacturing and selling ready-mixeds. Defendant B Co., Ltd. (hereinafter “Defendant B”) is a company established for the purpose of building construction business, housing construction business, etc., and Defendant C Co., Ltd (hereinafter “Defendant C”) is a company established for the purpose of constructing housing and commercial building rental business.

B. On May 6, 2015, the Plaintiff entered into an order for ready-mixed with Defendant B (hereinafter “instant order for ready-mixed”). At the time of entering into the instant order for ready-mixed, the Plaintiff jointly and severally guaranteed the Defendant B’s obligation to pay the price for ready-mixed with Defendant B within the maximum of KRW 30 million.

C. According to the instant ready-mixed agreement, the Plaintiff supplied ready-mixed equivalent to KRW 69,251,930 in total from around the time of the supply to June 15, 2015, and the amount of ready-mixed not paid until September 11, 2015 is KRW 45,267,730 (hereinafter “instant ready-mixed”).

On September 24, 2015, Defendant C issued to the Plaintiff a letter of payment stipulating that the amount of KRW 122,613,930, including the instant ready-mixed price, shall be paid in installments by October 25, 2015, and Defendant D signed the letter of payment as a joint guarantor on the same day.

On October 23, 2015, Defendant C issued to the Plaintiff a letter of payment promising to pay KRW 102,613,930, including the instant ready-mixed price, to the Plaintiff.

[Ground of recognition] As to Defendant B and Defendant D: Each entry in the evidence Nos. 1 through 5, and the purport of the whole pleading as to Defendant C: deemed confession (Article 150(3) and (1) of the Civil Procedure Act)

2. According to the above facts of determination, Defendant C and Defendant D are debtors under the order of the instant ready-mixed, and they are joint and several suretys for the payment of ready-mixed under the above order contract. The Defendants are jointly and severally liable for the payment of ready-mixed.

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