logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2016.07.15 2016가단400
물품대금
Text

1. Defendant A Co., Ltd.: 62,021,652 won and its related amount are 6% per annum from April 11, 2014 to March 9, 2016.

Reasons

1. Claim against Defendant A

A. 1) The Plaintiff supplied ready-mixed to Defendant A Co., Ltd. from March 1, 2014 to April 10, 2014. 2) The Defendant Co., Ltd. paid part of the amount of ready-mixed to the Plaintiff, and did not pay KRW 62,021,652 (including additional tax) to the present day.

3) Defendant A is obligated to pay the remaining amount of 62,021,652 won of the above ready-mixed and delay damages therefor. B. Article 208(3)2 of the Civil Procedure Act (i.e., Supreme Court Decision 208(3)2 of the applicable provisions of the Civil Procedure Act)

2. Claim against the defendant B

A. The plaintiff's assertion that Defendant B is jointly and severally liable to pay the above ready-mixed price to the plaintiff of Defendant A, which is jointly and severally liable to pay the above ready-mixed price to the plaintiff.

B. Although there are evidence as shown in the Plaintiff’s above assertion, there is evidence No. 1 (main document) that the Defendant denies the preparation of the “joint and several surety” column of the above order, the said “joint and several surety” column cannot be used as evidence because there is no evidence to prove the authenticity of the said “joint and several surety” column, and there is no other evidence to prove the fact that the Defendant jointly and severally guaranteed the Defendant Company A’s obligation to pay back to the Plaintiff.

Therefore, the plaintiff's claim against the defendant B is without merit.

3. In conclusion, the plaintiff's claim against A is justified, and the claim against the defendant B is dismissed as it is without merit. It is so decided as per Disposition.

arrow