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(영문) 대구지방법원포항지원 2016.05.12 2015가단10873
물품대금
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 56,346,00 and the interest rate thereon from November 17, 2015 to the date of full payment.

Reasons

1. In full view of the purport of the entire arguments in Gap evidence Nos. 1 through 4 and Eul evidence Nos. 1 (including paper numbers) as to the cause of the claim, the plaintiff entered into a supply contract with the defendant A Co., Ltd. (hereinafter referred to as the "Defendant Co., Ltd.") to be used for the construction of Poet D (hereinafter referred to as the "instant construction") on May 29, 2015, verbally, around the same year.

6.1. From November to the same year.

9. By November 1, 200, the Plaintiff supplied ready-mixeds equivalent to KRW 56,346,00 to the Defendant Company, and the Plaintiff prepared the instant contract with the Defendant Company around September 3, 2015, where the contract date was " May 29, 2015," and on the same day, the Defendant B stated personal information, such as his name, resident registration number, address, contact information, etc., in the joint and several surety column of the said contract as an employee and signed thereon. Defendant C, a director of the Defendant Company, was the Plaintiff on July 6, 2015; and the Defendant C, a director of the Defendant Company, supplied the Defendant Company with the Defendant Company, to the Plaintiff on August 3, 2015 and August 43, 723,680 of the same year until October 31, 2015; and to promise full payment of KRW 130,000,000,000 until September 12, 2015.

“The fact that the Defendant prepared a written statement of payment. Nevertheless, according to the above facts, the Defendants are liable to pay the Plaintiff the price of the above ready-mixed, Defendant Company, joint guarantor, Defendant B, and the Plaintiff, a joint guarantor, jointly and severally liable for payment of the price of the above ready-mixed and the damages for delay calculated at the rate of 15% per annum from November 17, 2015 to the day following the date of final delivery of the original copy of the payment order of this case, to the day of complete payment.

2. As to the Defendant B’s assertion, the Defendant B himself shall be the Defendant Company.

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