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(영문) 광주지방법원순천지원 2020.06.23 2020가단70578
물품대금
Text

1. The Defendant shall pay to the Plaintiff KRW 9,528,090 and the interest rate of KRW 12% per annum from December 13, 2019 to the date of complete payment.

Reasons

According to the statements in Gap evidence Nos. 1 through 4, the plaintiff agreed to supply ready-mixed to the non-party company in relation to the construction of the E neighborhood living facilities of the non-party company D (hereinafter "non-party company") on July 21, 2015. The defendant jointly guaranteed the non-party company's employee's obligation to pay for the non-party company's supply of ready-mixed to the plaintiff, and the fact that the plaintiff supplied ready-mixed amounting to KRW 33,43,290 to the non-party company from August 19, 2015 to February 23, 2016. The fact that the plaintiff received KRW 23,905,200 from the supply price of ready-mixed from the non-party company is also the plaintiff.

(A) Although the defendant alleged that he could not perform his joint and several sureties obligation against the plaintiff as he left the company from the non-party company, the defendant's assertion that he could not be exempted from the defendant's joint and several sureties obligation on the sole ground of the defendant's assertion. Therefore, the defendant's argument cannot be accepted.

In addition, the defendant alleged on August 31, 2015 that the non-party company paid 187,000 won in addition to the above supply price of ready-mixed to the plaintiff on August 31, 2015. However, it is insufficient to recognize that the non-party company's statement in subparagraph 1-1 is insufficient in light of the deposit account number, and there is no other evidence

Thus, the defendant is a joint and several surety of the non-party company's obligation to pay the price for the supply of ready-mixed to the plaintiff (=3,433,290 won - 23,905,200 won), which is the balance of the supply price for ready-mixed by the non-party company, and as requested by the plaintiff, the non-party company is obligated to pay to the plaintiff 9,528,090 won (i.e., 33,43,290 won - 23,905,200 won) and damages for delay calculated at the rate of 12% per annum under the Special Act on

Therefore, the plaintiff's claim is reasonable, and it is decided as per Disposition.

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