(영문) 수원지방법원 2019.01.30 2018가단20824

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(영문) 수원지방법원 2019.01.30 2018가단20824

물품대금

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1. The Defendant shall pay to the Plaintiff KRW 35,161,460 as well as 15% per annum from July 5, 2018 to the day of complete payment.

Reasons

1. Facts of recognition;

A. On March 11, 2017, the Plaintiff entered into a contract with C Co., Ltd. (hereinafter referred to as “C”) to supply ready-mixed at the construction site D D at the time. At the time, the Defendant, the owner of the construction site at the time, jointly and severally guaranteed C’s obligation to pay ready-mixed.

B. The Plaintiff supplied ready-mixed pursuant to the above contract, and paid KRW 72,873,040 out of total price of KRW 108,034,50, but did not receive the remainder of KRW 35,161,460.

[Evidence: Evidence No. 1 to No. 4; All purport of oral argument]

2. According to the above facts of recognition, the defendant, as a joint and several surety C, is obligated to pay the unpaid ready-mixed amount of KRW 35,161,460, and delay damages therefor.

In this regard, the defendant asserts that the joint and several sureties's seal and signed by E against the defendant's will does not have any joint and several sureties.

However, according to the above evidence, there is no evidence to acknowledge the above alleged facts, and instead, according to the above evidence, the defendant's address, name, resident registration number, mobile phone number, etc. as joint and several sureties, and the defendant's seal was affixed thereto, and the certificate of personal seal impression (Evidence A 3) issued by the defendant was submitted to the plaintiff, and the certificate of personal seal impression was stated as "the certificate of personal seal impression as "the certificate of personal seal impression was stated as "the

3. Therefore, the Defendant is obligated to pay to the Plaintiff the amount of KRW 35,161,460 due to unpaid ready-mixed, and damages for delay at the rate of 15% per annum from July 5, 2018 to the date of full payment, which is the day following the delivery of the original copy of the payment order.

Therefore, the plaintiff's claim is justified and accepted.

참조조문

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