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(영문) 광주지방법원순천지원 2015.04.17 2014가단16641
물품대금
Text

1. The Plaintiff:

A. Defendant B Co., Ltd.: KRW 37,731,876 and its therefrom from October 17, 2012 to September 23, 2014.

Reasons

1. Basic facts

A. The Plaintiff is a person who sells building materials in the name of “D”, and Defendant B (hereinafter “Defendant Company”) is a company with the purpose of housing construction business, real estate rental business, etc., and Defendant C is an internal director of the Defendant Company.

B. The Plaintiff ordered the Defendant Company B to supply construction materials necessary for the construction of the E-style apartment when the Defendant Company performed the construction work, and supplied the construction materials from May 2010 to April 2012.

C. The supply price of construction materials supplied by the Plaintiff and not paid by the Defendant Company is KRW 37,731,876 as of April 2012.

Defendant Company completed on August 17, 2012, “30,000,000 won” to the Plaintiff within ten (10) days after completion of 507 E Apartments under G religious organizations in F at the time of leisure.

(As of August 31, 2012, the due date of completion, set up a letter of payment for the goods, and Defendant C signed and sealed it as a guarantor. On March 19, 2014, Defendant C signed an agreement to pay to the Plaintiff KRW 10 million up to April 30, 2014, KRW 10 million up to May 31, 2014, and KRW 10 million up to June 30, 2014.

E. The Defendants did not pay the Plaintiff the amount of goods up to now.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 5 (including branch numbers), and the purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, the defendant company is obligated to pay to the plaintiff 37,731,876 won of the price of the building materials not paid to the plaintiff and 5% per annum as prescribed by the Civil Act from October 17, 2012 to September 23, 2014, the delivery date of a copy of the complaint in this case, and 20% per annum as prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment. The defendant C is the defendant.

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