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(영문) 창원지방법원진주지원 2017.08.24 2015가단11195
물품대금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 53,920,00 and 5% per annum from September 21, 2015 to August 24, 2017.

Reasons

1. Determination as to the cause of claim

A. On July 2015, the Plaintiff and the Defendant Company A (hereinafter “Defendant Company”) entered into a contract with the Plaintiff to jointly and severally guarantee the Defendant Company’s obligation to the Plaintiff (hereinafter “instant contract”) by the 20th day of the following month following the supply of ready-mixed.

Under the instant contract, the Plaintiff supplied ready-mixed equivalent to KRW 53,920,000 from July 6, 2015 to August 8, 2015, and claimed payment for ready-mixed on July 31, 2015 and August 31, 2015.

[Ground of recognition] Facts without dispute, Gap 1, 4 evidence (including each number), the purport of the whole pleadings

B. The Defendants are jointly and severally liable to pay to the Plaintiff the amount of KRW 53,920,000 for ready-mixed supplied by the Plaintiff under the instant contract and the damages for delay from September 21, 2015, following the final payment date (the 20th day of August 8, 2015, which was supplied for the last time) as sought by the Plaintiff.

2. Judgment on the defendants' assertion

A. As the Plaintiff’s assertion of the Defendants delayed the manufacture and supply of ready-mixeds using unclear aggregate, there was a water leakage phenomenon caused by concrete cracks in the pent constructed by the Defendant Company.

The indoor finishing part in the pentle has been damaged due to water leakage, and the restoration cost is KRW 123,357,985.

The defendant company's damage claim against the plaintiff due to the defects in ready-mixed supplied by the plaintiff set off the plaintiff's damage claim against the defendant company against the defendant company.

B. Determination Nos. 2 to 4 (including number 2), appraisal result, each fact inquiry result on the appraiser, and witness C alone, there were defects in ready-mixed supplied by the Plaintiff to the Defendant company.

The fact that the plaintiff delayed the supply of ready-mixeds to the extent that the concrete quality degradation will occur, and the supply of ready-mixeds defects and supplies them.

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