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(영문) 수원지방법원여주지원 2019.11.19 2018가단50050
물품대금
Text

1. The Defendant’s KRW 70,726,561 as well as the Plaintiff’s KRW 6% per annum from October 1, 2019 to November 19, 2019.

Reasons

On April 25, 2017, the Plaintiff entered into a contract with C Co., Ltd. (hereinafter “C”) to supply ready-mixeds at the new site of E-Ground D-based multi-family housing.

E, on the same day, jointly and severally guaranteed C’s payment obligation to the Plaintiff.

On April 28, 2017, the Plaintiff began to supply ready-mixeds equivalent to KRW 1,686,960 (including value-added tax) to C. From around that time to July 19, 2017, the Plaintiff supplied ready-mixeds equivalent to KRW 121,341,330 (including value-added tax) in total on 24 occasions from that time.

The Defendant, on August 22, 2017, issued a payment note to the Plaintiff on September 29, 2017, stating that “A will make payment on behalf of KRW 121,341,330 to the Plaintiff on behalf of the Plaintiff for the amount of 121,341,330.”

D) The Plaintiff: (a) paid KRW 30 million to the Plaintiff on November 1, 2017; (b) KRW 10 million on November 16, 2017; and (c) KRW 2 million on November 16, 2017; and (d) paid KRW 30 million to the Plaintiff on March 21, 2019. The Defendant paid KRW 10 million on August 19, 2019; and KRW 10 million on September 30, 2019; and KRW 10 million on September 30, 2019; and KRW 30 million on September 30, 201; (c) KRW 10,000 on behalf of the Plaintiff, KRW 1-5; (d) KRW 1-5; and KRW 5,7,8; and (d) KRW 106,000 on behalf of the Plaintiff on the basis of the purport of the entire pleadings; and (d) the Defendant did not have an obligation to pay the Plaintiff the remainder of KRW 1313136,131.

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