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(영문) 대전지방법원홍성지원 2019.08.21 2019가단128
물품대금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 46,298,00 and the Defendants’ amounting to KRW 46,298,00 from August 1, 2017 to March 5, 2019.

Reasons

1. The Plaintiff entered into a contract with Defendant C Co., Ltd. to supply ready-mixeds at the site of construction of a new H plant located in Taiwan, and supplied ready-mixeds from May 23, 2016 to June 13, 2016, and was not paid KRW 59,298,000 out of the price.

On October 14, 2016, the defendant company agreed to pay the above payment by October 31, 2016, and at the time defendant D and E jointly guaranteed the above debt of the defendant company.

On February 6, 2017, the Defendant Company drafted a payment note on the above amount again, and at the time Defendant D, E, and F jointly and severally guaranteed the above amount.

On June 23, 2017, Defendant G drafted a letter of performance assurance, and at the time Defendant G jointly and severally guaranteed the above obligation of Defendant G at the time.

The Defendant Company repaid the amount of KRW 13 million on November 27, 2017.

Therefore, the Defendants are jointly and severally liable to pay the money stated in the text to the Plaintiff.

2. Defendant C Co., Ltd, D, E, G Confession (Article 208 (3) 2, Article 150 (3) of the Civil Procedure Act)

3. Defendant F: Judgment by public notice (Article 208 (3) 3 of the Civil Procedure Act).

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