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(영문) 창원지방법원 통영지원 2018.07.04 2018가단1925
물품대금
Text

1. The Defendant shall jointly and severally pay to the Plaintiff KRW 180,879,380 as well as the full payment from March 27, 2018.

Reasons

In addition to the written evidence No. 1’s whole purport of the pleading, the Plaintiff concluded a contract for supply of ready-mixed with C on October 11, 2017, ② the Defendant puts a corporate seal on the joint and several surety column of C among the above contract, and ③ the Plaintiff supplied ready-mixeds equivalent to KRW 180,879,380 (including value-added tax) in total to C.

Therefore, barring special circumstances, the defendant is obligated to pay the price of ready-mixed as joint and several surety of the Co., Ltd. to the plaintiff.

As to this, the defendant asserts to the effect that the above price of ready-mixed is a matter of settlement between the plaintiff and C.

However, as seen earlier, the defendant has a duty to pay the price of ready-mixed because he/she was a joint and several surety of C by affixing a corporate seal on the joint and several surety column of C.

The defendant's above assertion is not accepted.

Therefore, the defendant is jointly and severally liable with C to pay to the plaintiff 180,879,380 won for ready-mixed and delay damages calculated at the rate of 15% per annum from March 27, 2018 to the day of full payment after the delivery of a copy of the complaint of this case.

If so, the plaintiff's claim is accepted.

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