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The judgment of the first instance is revoked.
The defendant's goods price of the court No. 2019, No. 577 in Suwon-si District Court against the plaintiff.
Reasons
1. Basic facts
A. The Defendant is a company whose business purpose is to manufacture and sell ready-mixeds, and D is a person who engages in construction business under the trade name of "I" in the Yeongdeungpo-gu G and H, Young-gu, Young-gu, and D’s husband J actually operates the above I.
B. On January 8, 2018, D entered into a contract with K and L for construction of a new resource circulation facility on the ground (hereinafter “No. 1 contract”) in the amount of KRW 30 million for the construction cost, and KRW 462 million for the construction of a new resource circulation facility on the ground (hereinafter “No. 2 contract”). From the Plaintiff, D entered into a contract with K and L for construction of a new resource circulation facility on the ground other than P to KRW 462 million for the construction cost (hereinafter “No. 2 contract”).
(c)
J, around March 2018, in order to be supplied by the Defendant with ready-mixeds to be used in each of the above works, the Defendant’s employees C are fully equipped with the order of ready-mixeds (hereinafter “the order of this case”). The order of this case states that the name of the product is “ ready-mixed”, “25-21-120”, “25-21-120”, “6,300 cubic metres”, “6,300 metres”, “6,300 metres,” and “the fiveth of the following month cash” in the remarks column, and “1.VAT separate;
2. Quantity, standard change price,
3. The phrase "application of the same unit price rate as other specifications" and the phrase "85% (600 cubic metres)" in the column for special matters.
1. 2. The part is printed, and the part 3.3. of the non-fixed column and the part in the column for special matters are written in hand. The order of this case contains the order column, and there are two joint and several guarantors thereafter, and the order column includes D's personal information, and C refers to the joint and several guarantors column and the Justice stated D's personal information in the order column, and C refers to the joint and several guarantors column and received the certificate of seal impression.
(d)
At the request of J, ① E, the husband of K among the subcontractors of the 1 contract, entered his personal information in the first joint and several guarantor column of the order of this case and signed it. ② Q Q, the birth of the subcontractor of the 2 contract, on behalf of the Plaintiff, is the second order of this case.