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(영문) 부산지방법원 동부지원 2021.03.10 2019가단11410
물품대금
Text

The Defendants jointly and severally pay to the Plaintiff KRW 35,075,430 as well as 12% per annum from November 14, 2019 to the date of full payment.

Reasons

1. The facts subsequent to the facts of recognition can be acknowledged by comprehensively considering Gap evidence Nos. 1 to 7 (including each number), Eul evidence Nos. 1 to 1, 2, and 3, the testimony of witness D, and the overall purport of the pleadings, and the statements of Eul evidence Nos. 4 and 5 are insufficient to reverse them.

A. Defendant C Co., Ltd (hereinafter “Defendant C”) is the owner of a new building on the land in Busan-gun E, Busan-gun, and the Plaintiff is a company that supplied ready-mixed at the construction site of the new building from October 8, 2018 to February 1, 2019.

B. Around August 1, 2018, Defendant C awarded a contract for the construction of the building indicated in the above paragraph (a) to Nonparty F Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”). However, the non-party Co., Ltd suspended the construction in the Do, and the non-party Co., Ltd reached an agreement on other Sections and settlement with the non-party Co., Ltd. around October 31, 2018, Defendant C again awarded the remainder of the construction to the Defendant Co., Ltd. (hereinafter “Defendant B”) for concluding the construction on November 2018.

(c)

On November 2018, after Defendant B succeeded to the instant construction, the Plaintiff drafted an order form (hereinafter “instant order form”) retroactively from October 1, 2018, stating the order form as Defendant B-C and joint guarantor as Defendant C, and written the order form (hereinafter “instant order form”).

The order of this case contains the specifications and unit prices of ready-mixed to be supplied, and the joint guarantor column includes the amount of debt guaranteed as “total amount of delivery of ready-mixed.”

(d)

On June 25, 2019, after the completion of the instant construction project, the Plaintiff demanded the Defendants to prepare and seal a written confirmation of attempted supply of goods (hereinafter “written confirmation of attempted supply”) with the following contents with respect to ready-mixed payments remaining after the completion of the construction project. The Defendants signed or sealed such confirmation. The amount is the unpaid amount out of the total amount supplied at the construction site of this case including ready-mixed supplied to the non-party company prior to the completion of the construction project, and the remainder except the bottom portion is the same.

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