logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 전주지방법원군산지원 2020.09.09 2020가단44
물품대금
Text

1. The Defendants jointly and severally agreed to the Plaintiff KRW 66,274,280 and the Defendant limited liability company B with respect thereto from February 29, 2020.

Reasons

1. Facts of recognition 1) The Plaintiff, May 27, 2019, is D Co., Ltd. (hereinafter “D”).

B) Around May 31, 2019 to August 20, 2019, the Defendants concluded a contract to supply ready-mixeds to the E-Newly constructed site in the following cities. On the same day, the Defendants jointly and severally guaranteed the D’s obligation to provide ready-mixeds to the Plaintiff. (2) The Plaintiff supplied ready-mixeds worth KRW 76,274,280 in total to D from May 31, 2019 to August 20, 2019, and the Plaintiff was not paid KRW 66,274,280 among them.

[Grounds for recognition] The descriptions of Gap evidence Nos. 1 through 3, the purport of the whole pleadings

2. According to the facts of the above recognition, barring any other circumstances, the Defendants, as joint and several surety for each of the D’s goods payment obligations, are jointly and severally liable to pay damages for delay calculated at the rate of 12% per annum from the day following the delivery date of a copy of each of the complaint in this case (Defendant limited liability company B, February 29, 2020; Defendant C, November 29, 2019) to the day of full payment to the day of full payment, as requested by the Plaintiff.

With regard to this, the Defendants asserted that the obligor to pay the ready-mixed to the Plaintiff is D, and the Defendants paid all the construction cost including the Plaintiff's ready-mixed to D.

However, even if the Defendants fully repaid the construction price obligations against D, the Plaintiff still bears the obligation under each joint and several guarantee contract as seen earlier. Therefore, the Defendant’s assertion is without merit.

3. Conclusion, the Plaintiff’s claim against the Defendants is justified.

arrow