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(영문) 춘천지방법원강릉지원 2019.05.01 2018가단5160
매매대금
Text

1. The Defendants jointly and severally liable to the Plaintiff KRW 60,000,000 and Defendant B, Inc. from October 23, 2018.

Reasons

1. Determination on the cause of the claim

A. (i) On December 12, 2017, the Plaintiff agreed to pay KRW 60,000,000 for sand from the Defendant Company to December 31, 2018, while the term of the contract between the Defendant Company and the Defendant Company (hereinafter “Defendant Company”) was 12,000,000 cubic meters per cubic meter, and the first day was 12,000,000,000 cubic meters per cubic meter, and the first day was 60,000,000,0000 per cubic meter as of December 2, 2017, and paid to the Defendant Company.

The defendant C guaranteed the defendant corporation's debt on the same day.

【Defendant Company did not supply sand to the Plaintiff until now, and on June 3, 2018, the Plaintiff promised to pay KRW 60,000 to the Plaintiff by June 30, 2018, and will execute the said amount in the amount of KRW 10,000 per cubic metres.

‘A letter of confirmation' has been drawn up and issued.

[Ground of recognition] Defendant Company: Each statement of the facts without dispute, Gap 1 and 2, and the purport of the whole pleadings: Defendant C: The original copy of the original payment order is served, and only a simple written objection that does not dispute the dismissal of the plaintiff or the cause of the claim is submitted, and the plaintiff was absent on the date of pleading without submitting a written response, it shall be deemed that all the plaintiff's allegations have been led to confession under Article 150 of the

B. According to the above findings of determination, the Defendant Company failed to perform the duty of sand supply notwithstanding the Plaintiff’s highest notice, and the Plaintiff’s claim for return of KRW 60,000 won paid in advance on the premise of rescission of the above contract on the ground of the Defendant Company’s nonperformance of obligation is apparent in the record that it reached the Defendant Company on October 22, 2018. As such, the Defendant is obligated to return the said KRW 60,000 as restitution.

Therefore, Defendant C, a joint and several surety, is jointly and severally liable to the Plaintiff, and Defendant C, a joint and several surety, from October 23, 2018, the following day following the delivery of a copy of the complaint in this case, and Defendant C, respectively from November 8, 2018.

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